Duress by Circumstances

Question 1

R v Willer

Answer 1

• D drove on a pavement to avoid being attacked by youths.
• There was no threat to carry out a crime.
• “Origin”
• The jury should be allowed to consider some types of duress in some circumstances.

Question 2

R v Conway

Answer 2

• D drove fast after he thought he had been shot at.
• “Origins”
• Duress was available if from an objective point of view D was acting to avoid threat.

Question 3

R v Martin (Martin Test)

Answer 3

• D drove while disqualified because his wife threatened suicide if he did not take her son to work.
• “Test”
• The CofA adapted the two-part Graham Test

Question 4

R v Pommell

Answer 4

• D was found with a gun at his house, saying he had taken it from a man and intended to hand it in.
• “Extent and Availability”
• The CofA said whether duress of circumstance applied was a matter for the jury.

Question 5

DPP v Davis

Answer 5

• D drove while intoxicated to avoid being attacked.
• “Extent and Availability”
• The convictions were quashed.
• Duress of Circumstances was available.

Question 6

R v Cairns

Answer 6

• V threw himself on the bonnet of D’s car. D warned V to get off.
• D drove and braked resulting V to fall off and get seriously injured.
• Extent and Availability
• There was a reasonable perceived threat of death or serious injury and the defence was allowed.