duress by circumstances Flashcards
willer
D and a passenger were driving down a narrow ally when the car was surrounded by a gang of youths who threatned them. D drove at 10mph along the pavement in order to escaped and was charged with reckless driving. he was found not guilty due to duress of circumstances
pommell
D was found by the police and had a loaded machine gun and charged with possessing a prohibited weapon. he said he had taken it from another man who was going to hurt people with it duress but circumstances works , found not guilty
martin
D’s wife became hysterical and threatened suicide if D did not drive her son to work because he may loose his job. D was disqualified from diving , and was caught by the police. he was found not guilty due to duress by circumstances
shayler
D was a former member of M15 , who supplied journalists with documents concerning national security He argued that he acted under duress and was protecting the welfare of the general public .the defence was not allowed , he could not identify Tory the action that was going to create imminent threats to life , nor identity potential victims or establish that he has responsibility for them
cairns
V threw himself across the bonnet of D’s car. V’s friends were shouting and D feels threatened as he drove off. he braked and V fell under the car and was seriously injured. V’s friends were actually trying to help (shooting at V to get off his bonnet). D was found not guilty as he reasonably believed that he had a good cause to fear serious injury , even though the threat was not real
intro
The defence of duress by circumstances may apply , which is a full defence where the defendant is forced to act by surrounding circumstances rather than by a person , and was first established in willer in 1986. It can be a defence to all crimes expert murder or attempted murder , set out in pommel . here..
