Duress Of Circumstances

Question 1

Ds actions must be a….

Answer 1

Reasonable and proportionate response to a threat of death or serious injury.

Eg. Martin - Ds wife threatened to commit suicide unless he drove their son to work - provided with defence.

Question 2

Ds conduct is only excused…

Answer 2

Conduct only excused while the threat exists.

Eg. R v Bell - drove with excess alcohol but only far enough to escape his attackers, whereas DPP v Jones drove all the way home.

Question 3

Summary of duress of circumstances

Answer 3

1 - reasonable and proportionate response to threat of death or serious injury
2 - conduct is only excused while the threat exists

Question 4

Duress of circumstances template

Answer 4

With regard to _____ it is likely that D could raise the defence of duress of circumstances.

Firstly, Ds actions must be a reasonable and proportionate response to a threat of death or serious injury. For example, Martin - Ds wife threatened to commit suicide unless he drove their son to work - provided with defence. APPLY

Ds conduct is only excused while the threat exists. For example, in R v Bell - drove with excess alcohol but only far enough to escape his attackers, whereas DPP v Jones drove all the way home. APPLY