Duress By Circumstances Cases

Question 1

duress by circumstances may apply, which is a full defence where the defendant is forced to act by surrounding circumstances rather than by a person

Answer 1

WILLER

Question 2

defence to all crimes except murder and attempted murder

Answer 2

POMMELL

Question 3

threat has to be to the defendant, his immediate family or a third party for who D would feel responsible for

Answer 3

MARTIN

Question 4

Threat has to be of death or serious injury

Answer 4

VALDERRAMA-VEGA

Question 5

If relevant: threat to psychological health is not enough

Answer 5

BAKER and WILKINS

Question 6

Established in… jury must consider a 2-part test

Answer 6

MARTIN, GRAHAM

Question 7

Was D compelled to act because they reasonably believed they had a good cause to fear death or serious injury? ( subjective test )

Answer 7

CAIRNS

Question 8

Would a sober person of reasonable firmness, sharing the characteristics of D, have responded in the same way? ( objective test )

Answer 8

BOWEN

Question 9

Not low IQ

Answer 9

BOWEN

Question 10

Threat must be imminent, although not immediate

Answer 10

ABDUL-HUSSAIN, HUDSON and TAYLOR and SHAYLER

Question 11

If relevant: No need for a real threat just a threat perceived by D

Answer 11

CAIRNS

Question 12

Must not be a safe avenue of escape

Answer 12

GILL