Duress By Circumstances Flashcards
1
Q
What is duress of circumstances?
A
Where D has committed a crime because the situation forces them to act in order to avoid death/serious injury
R v Willer
2
Q
Test for whether D acted reasonably?
A
In R v Martin - Graham test was put forward
1. Was the D compelled to act because she reasonably believed she had good cause to fear serious violence?
2. If so, would a sober person of reasonable firmness and sharing the characteristics of the accused have responded the same way?
3
Q
What crimes can duress of circumstances not be used for and case which confirms this?
A
R v Pommell — murder, attempted murder and treason
