Duress by Circumstance

Question 1

what is ‘duress by circumstance’?

Answer 1

a common law defence where D is fearing death or serious injury but it is not from a person, rather their surrounding circumstances

Question 2

what is the two part test for ‘duress by circumstance’?

Answer 2

1. Was D forced to act as he reasonably believed he feared death or serious injury?
2. Would the sober man of reasonable firmness sharing D’s characteristics have done the same?

Question 3

What 2 case examples can be used for ‘duress by circumstance’?

Answer 3

Conway - D had a passenger in his car who was recently involved in a drive-by shooting. Saw his car being tailed so drove recklessly in order to avoid another shooting. Defence claimed.
Martin (1989) - D was disqualified from driving. Drove son to work after his wife threatened to kill herself if he didn’t. Defence was claimed as it was the lesser of two evils.

Question 4

what is duress by circumstance?

Answer 4

a common law defence where D is fearing death or serious injury but it is from their surrounding circumstances

Question 5

what is the two part test?

Answer 5

1. Was D forced to act as he reasonably believed he feared death or serious injury?
2. Would the sober man of reasonable firmness sharing Ds characteristics have acted the same?

Question 6

what 2 case examples can be used for duress by circumstance?

Answer 6

Conway - D had a passenger in his car who had recently been involved in a drive-by shoot out. Saw his car being failed so drive recklessly in order to avoid another shooting. Defence claimed.
Martin (1989) - D was disqualified from driving but drove son to work as wife threatened to kill herself if the son didn’t get to work. Defence claimed.