duress by circumstance Flashcards
what is meant by no specific intent required?
The D had no choice but to react to the circumstance that they were in
what case defined no specific intent needed?
Willer
how must the D be acting?
2
to avoid serious injury or death
how is acting to avoid serious injury or death judged?
objectively
what case defined acting to avoid serious injury or death?
conway
what test is used
graham test
what is the first part of the graham test
was D compelled to act as he did as he reasonably believed he had a good cause to dear death or serious injury and D reasonably believes the threat existed?
what case defined the first part of the graham test?
saif and others
what is the second part of the graham test?
if so, would the sober and reasonable person, sharing the characteristics of D acted in the same way?
who decides if there is a defence of duress?
the jury
what is a case for jury deciding if there is a defence
pommell
