duress by circumstance

Question 1

what is duress of circumstance?

Answer 1

D forced to act because of surrounding circumstances

Question 2

R v Conway

Answer 2

D acted in order to avoid threat of death of serious injury, reckless driving

Question 3

R v Martin

Answer 3

D’s wife threatened to commit suicide unless he drove whilst disqualified
2 stage test established in Graham can be applied

Question 4

is this defence a defence to all crimes?

Answer 4

all crimes except murder, attempted murder and treason - R v Pomell

Question 5

R v Cairns

Answer 5

sufficient for D to show he acted as he did because he perceived a threat of serious physical injury or death, not required to prove threat was real