duress circumstance Flashcards
(16 cards)
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 (Willer).
It can be a defence to all crimes except
murder and attempted murder (Pommell).
The threat has to be to
the defendant, his immediate family or a third party for who D would feel responsible for, (Martin).
The threat has to be of
death or serious injury. (Valderrama-Vega).
is not enough to satisfy the defence.
is enough to satisfy the defence.
is not enough (Baker and Wilkins).
is not enough.
As established in Martin, the jury must consider
the 2-stage test (Graham):
Firstly,
was D compelled to act because they reasonably believed they had good cause to fear death
or serious injury? (a subjective test- Cairns).
Secondly,
if so, would a sober person of reasonable firmness, sharing the characteristics of D, have
responded in the same way? (an objective test- Bowen).
mental illness, disability, age, gender and pregnancy, but not low IQ (Bowen).
The threat must be
imminent, although not immediate, (Abdul-Hussain, Hudson and Taylor and Shayler.)
a real threat, just a threat perceived by D (Cairns).
There must not be a
safe avenue of escape, such as going to the police, (Gill).
To conclude,
D will be able to use the defence of duress by circumstance.
