duress by circumstance Flashcards
Duress of circumstance
Common law defence
Created through case law
To claim duress of circumstance
D was forced to react due to the circumstances they found themselves in rather than a direct threat of death or serious injury
Martin test
From an objective point of view, the d acted reasonably and proportionately to avoid a threat of death or serious injury
2 part Graham test also applies
Willer 1986
Willer and a passenger in a car and threatened by youths
Drove on pavement around them to get away
Did slowly without danger to anyone
Went to police to report the incident
Convicted with reckless driving
CA held it was duress of circumstance
Conway 1988
D shot by 2 men a few weeks earlier
Saw 2 men coming towards his car and thought they were shooters
Drove away quickly
Charged with reckless driving
On appeal able to claim duress of circumstance
