11.3 Duress By cirumstances

Question 1

Where does the defence of duress by cirucmstances come from?
And what does it apply to?

Answer 1

common law defence
(R v Pomell) applies to everything but murder and attempted murder

Question 2

What is duress by circumstances?

Answer 2

When the D is forced to act by surrounding circumstances rather than direct threat.
They are threatened by the circumstances

Question 3

what are the two requirements for duress by circumstances?

Answer 3

1) Did the D act because he reasonably believed in a fear of serious injury or death?
2) Would a reasonable person of the same firmness with the same characteristics have responded in the same way.
(R v Martin) if both are satisfied success

Question 4

Specific cases for duress

Answer 4

(R v Conway)}if the D is not facing the threat they cannot use the defence
(D v Cairns)} success if D believes threat of death or serious injury
(R v Abdul and Hussain) threat has to merly hang over the D and be imminent