Defence - Duress Of Circumstance

Question 1

Why did the court consider in R v Willer (1986) that D should have a defence of duress by circumstance?

Answer 1

D was ‘wholly driven by the force of the circumstances into doing what he did and did not drive the car otherwise than under that form of compulsion’

Question 2

Which case established that duress of circumstances applies the Graham test?

Answer 2

Conway (1989)

Question 3

What is the Graham test?

Answer 3

(1) reasonable belief in threat

(2) D’s response must be reasonably proportionate

Question 4

In which case was it held that D should desist from committing offence as soon as reasonably could?

Answer 4

Pommell [1995]

Question 5

In which case did the CA state that the threat of death need not be immediate as long as it was imminent? What were the facts?

Answer 5

Abdul Hussain [1999]

Facts: plane hijack as fear sent being back to country where would be executed