Duress - circumstance Flashcards
1
Q
Definition
A
D is forced to commit a crime because of the situation he finds himself in (Conway)
2
Q
The Graham test
A
a. Honestly and reasonably believe life was in immediate danger (Martin)
b. Would a sober and reasonable person have responded in the same way (hegarty)
3
Q
Extra considerations
A
Not available for murder (pommell)
Is must have genuine belief even if no actual threat (cairns)
Must be imminent if not immediate (Abdul - Hussain)
