Duress by Circumstance

Question 1

what is duress by circumstance?

Answer 1

D commits an offence because the circumstances make them feel compelled to act

R v Willer ——> R v Conway

Question 2

R v Willer

Answer 2

gang shouted death threats as D causing reckless driving

Precedent of duress by circumstance set

Question 3

R v Conway

Answer 3

reckless driving - feared there was someone responsible for the shooting

followed Willer

Question 4

What test is used for Duress by Circumstance also?

Answer 4

Graham Test as in R v Martin

“was D compelled to act because they had good cause to fear serious death/injury”
“would sober reasonable person act in the same way”

Question 5

R v Martin

Answer 5

drove while disqualified, because wife was threatening suicide

in this circumstance, most people would’ve done what he did - Graham Test

Question 6

what crimes is Duress by Circumstance available for?

Answer 6

all crimes EXCEPT
murder, attempted murder and assistance to murder

R v Pommell

Question 7

R v Pommell

Answer 7

established what crimes Duress by Circumstance is available for

Question 8

how are the circumstances judged?

Answer 8

Judged as D believed them to be

R v Cairns