Duress By Circumstances

Question 1

Define (Willer)

Answer 1

Where the D is forced to commit a crime based off a situation he finds himself in. Circumstances dictate the crime rather than the person

Question 2

(R v Pommell)

Answer 2

Defence to all crimes except murder

Question 3

(Willer)

Answer 3

D drove under duress

Question 4

(R v Conway)

Answer 4

D was acting in order to avoid threat of death or serious injury

Question 5

(R v Cairns)

Answer 5

Genuine belief of threat even though there was no actual threat

Question 6

(R v Abdul-Hussain)

Answer 6

Threat does not need to be immediate but must be imminent in the sense that it was “hanging over them”

Question 7

Graham test- fail if could contact police