Duress by circumstance

Question 1

Next, we may be able to consider the defence of duress?

Answer 1

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.

Question 2

What is meant by duress by circumstances?

Answer 2

-where the defendant has found themself in a particular set of circumstances rather than being forced into doing something.

Question 3

What needs to be applied first for both duress by circumstances?

Answer 3

R V Martin

Question 4

What is the two part test of R V Martin?

Answer 4

1. Did the defendant reasonably believe death or serious injury would result?
2. Would a sober person of reasonable firmness done the same as the D did?

Question 5

R V Conway?

Answer 5

-duress by circumstance is available if from an objective standpoint, the D was acting to avoid death or serious injury.

Question 6

R V Pommel?

Answer 6

-threat must be immediate otherwise it will fail.