Defences: Duress of Circumstances Flashcards
What type of defence is duress of circumstances?
A full defence.
Who is the burden of proof on?
The prosecution.
What is duress of circumstances?
D is forced to commit a crime to the situation they find themselves in.
What was held in R v Martin?
The Graham Test must be used.
What is the subjective part of the Graham Test?
Did D act because he feared death/serious injury?
What is the objective part of the Graham Test?
Would a sober person of reasonable firmness with D’s characteristics have acted in the same way?
What are relevant characteristics for the Graham Test?
- Age.
- Gender.
- Disabilities.
What crimes is this defence not available for?
- Murder.
- Attempted murder.
- Treason.
What is the law regarding the duration of the crime?
D must stop committing the crime as soon as possible.
What was held in R v Bell and Davies?
D must have acted proportionately to the threat.
What was held in R v Baker?
- The threat must be serious physical injury.
- Mental harm is not included.
What was held in R v Cairns and Safi?
D can still have a defence if even in reality there is no threat of death/GBH.
