Duress by circumstances- general defences

Question 1

What Is duress by circumstances?

Answer 1

Duress by circumstances differs from duress by threats in that circumstances dictate the crime rather than a person
R V Willer

Question 2

What must the threat be?

Answer 2

The circumstances must create the threat of death or serious injury- this is an object test
This can be directed towards the D or a close family member
R V Conway

Question 3

What is the Graham Test?

Answer 3

1. was D compelled to act as he reasonably believed that the threat would occur?
2. would a person of reasonable firmness with the same characteristics have acted in this way?

R V Martin

Question 4

What crimes can duress by circumstances be a defence to?

Answer 4

It cannot be a defence to murder or attempted murder

R V Pommell