Duress by circumstance

Question 1

R v Willer

Answer 1

First introduced the defence of duress by circumstance

Question 2

R v Conway

Answer 2

There must be a threat of death or serious injury in order to claim duress of circumstance

Question 3

R v Pommell

Answer 3

Duress of circumstance can be used for any offence except murder and attempted murder

Question 4

R v Cairns

Answer 4

It is enough if the defendant acted if he reasonably perceived there was a threat

Question 5

R v Abdul-Hussain

Answer 5

Must be an immediate peril of death or serious injury

The peril must operate in the defendant’s mind at the time of committing the act

Execution of the threat need not be immediately in prospect

There is no avenue of escape