Duress by circumstance Flashcards
1
Q
What is duress by circumstance
A
The defendant finds himself in a circumstance that is so intimidating he is forced to act
2
Q
What case would you use for the definition of duress by circumstance
A
Willer
3
Q
What crimes can you use duress by circumstance for
A
All crimes except those including murder, attempted murder or assisting with murder
4
Q
What case confirmed what crimes you can use duress by circumstance for
A
Pommell
5
Q
In what circumstance would you say duress by circumstance could be used
A
D reasonably believed he had good cause to fear death or serious injury and a sober and reasonable man, sharing some of Ds characteristics, would have acted in the same way
6
Q
What case would you use for the sober and reasonable man for duress by circumstance
A
Abdul-Hussain
