Duress by circumstance

Question 1

Duress by circumstance stage 1

Answer 1

• Duress by circumstance can be used for an act, which would ordinarily be considered a crime as long as the D can prove the following:
  1- The act was done to avoid an evil consequence (Re A)
  2- No more was done than reasonably necessary
  3- The evil inflicted was not disproportionate to the evil avoided

Question 2

Duress by circumstance part 2

Answer 2

• Following the case of Martin, the courts stated that as well as the above, the following must also be proven in court, in order for duress by circumstance to Succeed:
  2- Graham (Duress by threats) must also be applied:
  -Due to the circumstance D found himself in, did he act because he
  reasonably believed that they or another would suffer death or
  serious injury?- subjective- upheld in Cairns
  -Would a “Sober person of reasonable firmness”, but sharing the D’s characteristics, in the same circumstance as