duress of circumstances Flashcards
what is duress of circumstances?
-a common law defence
-someone commits a crime because of the circumstances in which they found themselves
what is the definition of duress by threats derived from Re A (children)(conjoined twins : surgical separation)?
-an act which would ordinarily be considered a crime, but may excuse the d if they can show that:
-it was done to avoid consequences which could not otherwise be avoided, and if they had been followed would have inflicted inevitable and irreparable evil upon themselves or others
-no more was done than was reasonably necessary
-the evil inflicted wasn’t disproportionate to the evil avoided
what is the Martin test?
must be satisfied for the defence of duress by circumstances
-from an objective POV the accused acted reasonable and proportionately to avoid a threat of death or serious harm, and
-the two part graham test applies
cases on duress of circumstances
-r v Conway
-r v Martin
-r v pommel
-DPP v davis
