duress by circumstance Flashcards
(5 cards)
1
Q
definition
A
D is forced to commit a crime because of the situation he finds himself in
(Luller)
2
Q
The Graham Test
A
1) D honestly and reasonable beleived life was in imminent danger (Martin)
AND
2) would a sober and reasonable person have responded in the same way? (Hegarty)
3
Q
not available for murder
A
(Pommell)
4
Q
D must have geniune belief even if no threat
A
(cairns)
5
Q
must be imminent if not immediate
A
(Abdul- Hussain)
