Duress By Circumstances Flashcards
1
Q
Duress by circumstances definition
A
D is forces to commit a crime because of the situation he finds himself in (Luller).
2
Q
Duress by circumstance
A
Not available for murder (pommell). D must have genuine belief even if no actual threat (Cairns). Must be imminent if not immediate (Abdul-Hussain).
3
Q
The Graham test
A
D honestly and reasonably believe life was in immediate danger (Martin) and would a sober and reasonable person have responded in the same way (Hegarty)
