Duress by circumstance + necessity

Question 1

Definition (Circumstance)

Answer 1

Differs from duress by threats in that the circumstances dictate the crime rather than a person (R v Willer)

Question 2

R v Conway

Answer 2

The circumstance must create a threat of serious death or injury, directed at D or a family member.

Question 3

R v Martin

Answer 3

2 step Graham test

Question 4

Definition (Necessity)

Answer 4

Necessity is a circumstance which forces a person to act in order to prevent a worse evil occurring (R v Dudley v Stephens)

Question 5

Re F

Answer 5

Necessity used more successfully in civil cases however this is a problematic solution to the situation

Question 6

Re A

Answer 6

Necessity used successfully in criminal cases. Case held defence available for murder however is confined to case facts

Question 7

R v Shayler

Answer 7

Must be done to prevent a greater evil.
Evil must be directed towards D or a person they are reasonably responsible for.
Act must be reasonable and proportionate to evil avoided.