Duress by circumstance Flashcards
Next, we may be able to consider the defence of duress?
this is a complete defence for most crimes except murder (R V Howe) or attempted murder (R V Gotts). It is also important to consider the burden of proof in cases of duress rests on the prosecution.
What is meant by duress by circumstances?
-where the defendant has found themself in a particular set of circumstances rather than being forced into doing something.
What needs to be applied first for both duress by circumstances?
R V Martin
What is the two part test of R V Martin?
- Did the defendant reasonably believe death or serious injury would result?
- Would a sober person of reasonable firmness done the same as the D did?
R V Conway?
-duress by circumstance is available if from an objective standpoint, the D was acting to avoid death or serious injury.
R V Pommel?
-threat must be immediate otherwise it will fail.