Defence: Duress by Circumstances

Question 1

Duress by Circumstances - what is it? (with cases)

Answer 1

Willer
Conway

This is where D may be forced to act due to their circumstances.

There may not be a specific threat made, but D is in a situation where they are forced to break the law in order to escape.

Question 2

Case where dad drove son while disqualified? and his rules

Answer 2

Martin (Cohn)

The court states here that the defence requires a similar test to that used in Duress by threats (from R v Graham), requiring that:
1. The defendant must have a reasonable belief in the circumstances;
2. This belief must have lead the D to have a good cause to fear death or serious injury would result if he did not comply; and A sober person of reasonable firmness, sharing the characteristics of the D, might have acted as the D did.

Question 3

more cases

Answer 3

Pommel
Cairns - what D perceived as a threat