Duress By Circumstancw Flashcards
(6 cards)
1
Q
Who laid out legal test for duress by circumstance
A
R v Martin
2
Q
Legal test r v Martin
A
1) did D reasonably believe they were acting to avoid death or serious injury
2) would a sober person of reasonable firmness sharing Ds characteristics have acted the same way
3
Q
Elements for duress by circumstance
A
1) risk of death/serious injury
2) from the circumstances
3) no safe alternative
4) immediate danger
5) proportional response
4
Q
R v pommell
A
Duress by circumstance can apply to any crime except murder
5
Q
R v Conway
A
Must be genuine belief in serious harm
6
Q
R v willer
A
Threat must arise from situation/envirnoment
