Duress By Circumstance And Nessecuty Flashcards
(7 cards)
1
Q
What is duress by circumstance?
A
Where D commits a crime due to a threat of death or serious violence which has arisen from a circumstance (willer)
2
Q
What does the threat need to be?
A
Death or GBH (Conway)
3
Q
What is the Graham test?
A
Subjective test and then RP test
4
Q
What can it never be a defence to?
A
Murder or attempted murder (pommell)
5
Q
What is duress by necessity?
A
Where D commits a crime to prevent a greater evil from occurring (Dudley and Stephen’s)
6
Q
What is the shaylor test?
A
Was D preventing a greater evil?
Was the evil directed at D or someone close to D?
Was the act reasonable and proportionate to the evil that could have occurred?
7
Q
Who does the threat need to be directed to?
A
Someone close to D or themselves
