Duress of circumstances cases

Question 1

R v willer

Answer 1

Facts: d and a passenger were threatened by gang of youths so they drove on the pavement

Ratio: jury should have been allowed to consider whether the d drove under that form of compulsion that is under duress

Question 2

R v Conway

Answer 2

Facts: a passenger in d’s car had been shot at by 2 men

Ratio: defence of duress of circumstances was available if, on an objective standpoint, the d was acting in order to avoid a threat of death or serious injury

Question 3

R v Martin

Answer 3

Facts: d’s wife became hysterical and threatened suicide unless he drove her son to work. D was disqualified from driving but he eventually agreed to do this

Ratio: duress of circumstances would be available as a defence and the same two stage test put forward in Graham(1982) for duress by threats applied

Question 4

R v Pommell

Answer 4

Facts: d was found by police at 8 am lying in a bed with a loaded sub-machine gun against his leg

Ratio: defence of duress of circumstances was available for all offences except murder and attempted murder and some forms of treason

Question 5

R v cairns

Answer 5

Facts: v threw himself across the bonnet and windscreen of d’s car

Ratio: reasonably perceived a threat of serious physical injury or death