Defences: Duress of circumstance/necessity Flashcards
What is duress of circumstances/necessity?
Where the D finds himself in circumstances that are so intimidating, he is forced to commit the AR of an offence
Threat doesn’t come from oerson but arises from surrounding circumstances
What happened in Dudley v Stephens?
Necessity failed as one person’s life is no more important than another
What is the test for duress of circumstance?
D reasonably believed he had good cause to fear death/serious injury (subjective)
A sober man of reasonable firmness sharing some of the D’s characteristics would have reacted in the same way (objective)
What happened in Willer?
Willer driving on the pavement was due to the circumstances as the gang surrounded his car and shouted death threats
What is the test for duress of necessity?
Act was done in order to prevent a greater inevitable evil
Act was reasonable, necessary and not disproportionate to the evil to be avoided
What was the further requirement for using the defence of duress by necessity?
Evil must be directed towards the D/ person they’re responsible for
What happened in Re A?
Defence of necessity was available as it let one live raterh than let both die
