Duress by Circumstances

Question 1

Source

Answer 1

• Common law
• Fill lacuna of necessity

Question 2

Definition

Answer 2

Def in Conway, Willer
“Pressured by situation/circumstances to commit a crime”

Question 3

Elements

Answer 3

1 - Directed at D/someone D felt responsible for (Conway, Willer), not general public (Shaylar)
2 - Fear of death/serious injury (Conway, Martin)
3 - Imminent (Hussain, Martin)
5 - Take any opportunity to escape/seek help
6 - Not self-induced (gang)
7 - Not cover murder/attempted murder (Pummell)
8 - Mistakes allowed (Cairns)
9 - Graham test applies (Martin)