Duress By Circumstance

Question 1

I

Answer 1

D mag be able to argue the defense if duress by circumstance

Question 2

D

Answer 2

Duress is defined as where a d only commits the crime because they were forced

Question 3

E

Answer 3

Duress by circumstance can be used for an act which would ordinarily be considered a crime as long as the d can prove the following
1) the act was done to avoid consequence which could not otherwise be avoided and if they had been followed would have inflicted inevitable and irreparable evil upon the themselves or others (RE,A)

2) no more was done than reasonably necessary

3) the evil inflicted was not disproportionate to the evil avoided

Question 4

A

Answer 4

Apply all three to the Cari

Question 5

E

Answer 5

Following the car of Martin the courts stated that as well as the above the following must also be proved In court in order for duress by circumstance to succeed:
A) from an objective point of view the accused acted reasonably and proportionately to avoid a threat of death or serious harm
B) Graham must also be applied
Due to the circumstances d found himself in did he act because he reasonably believed that they would suffer death or serious injury
- would a sober person of reasonably firmness buy sharing the D’s characteristic in the same circumstances as d have responded by committing a criminal offence

Question 6

A

Question 7

Conclude will the d be successful in weguing this defense