duress by circumstance

Question 1

Kitson

Answer 1

drunk driver - stopped a car rolling on a hill

necessity failed - wasn’t a general defence

Question 2

Buckoke

Answer 2

fire engine passed a red light

necessity failed - wasn’t general defence

Question 3

Southwark v Williams

Answer 3

COA rejected homeless people to take refuge in empty council houses
necessity failed - wasn’t a general defence

Question 4

Dudley and Stephens

Answer 4

shipwreck after 20 days, they ate the cabin boy

necessity failed - wasn’t a general defence

Question 5

Willer

Answer 5

threatened by a gang so drove on the pavement to escape
COA - NG as the TJ should have considered duress
- created DbC (didn’t realise)

Question 6

Conway

Answer 6

unmarked police car following, sped off out of fear of been shot again
COA - NG
- named DbC and extended that he was protecting someone else

Question 7

Martin

Answer 7

disqualified driver drove as his wife threatened suicide
DbC - succeeded
- set the test as the Graham test

Question 8

Pommell

Answer 8

confiscated a gun from a friend
COA - NG as DbC should have been left to the jury
- extended it to all crimes apart from murder

Question 9

Re A

Answer 9

conjoined twins - civil case for permission to split them
COA - held necessity and set the test
1 - act to prevent greater evil
2 - actions must be reasonable and proportionate

Question 10

Shayler

Answer 10

M15 agent published secrets that breeched a civil act

necessity failed - didn’t have a specific person he was saving

Question 11

Quayle

Answer 11

used cannabis to aid MS - medical purpose

necessity failed - isn’t a general defence

Question 12

Altham

Answer 12

was in a bad car accident and took drugs to ease the pain

necessity failed - isn’t a general defence