Duress by circumstances Flashcards
(13 cards)
Definition
Where D only commits the crime because they were forced by their circumstances
What is the order of how to answer?
Do ‘the test’
Then follow the stages given by Martin and Graham
3 stages of ‘the test’
- The act was done to avoid the consequence of serious injury or death which could not otherwise be avoided
- No more was done than reasonably necessary
- The evil D inflicted was not disproportionate to the evil avoided
Stage 1 of the test
The act was done to avoid the consequence of serious injury or death which could not otherwise be avoided
The act was done to avoid the consequence of serious injury or death which could not otherwise be avoided
Stage 1 of the test
Stage 2 of the test
No more was done than reasonably necessary
No more was done than reasonably necessary
Stage 2 of the test
Stage 3 of the test
The evil D inflicted was not disproportionate to the evil avoided
The evil D inflicted was not disproportionate to the evil avoided
Stage 3 of the test
Ruling from Martin
From an objective perspective, D acted reasonably and proportionately to avoid death or serious harm
From an objective perspective, D acted reasonably and proportionately to avoid death or serious harm
Martin
Graham
Did D act because he reasonably believed that death or serious injury was certain? (subjective)
Would a sober and reasonable person, sharing D’s characteristics have acted similarly? (objective)
Did D act because he reasonably believed that death or serious injury was certain? (subjective)
Would a sober and reasonable person, sharing D’s characteristics have acted similarly? (objective)
Graham
