duress of circumstance

Question 1

what is duress of circumstances

Answer 1

defendant felt compelled to act because he had a good cause, because of circumstances, to fear serious injury or death

Question 2

R v Conway

Answer 2

• passenger was shot by two men a few weeks previously and saw two men running towards the car and assumed they would shoot him again so yelled to the driver to drive off which he did, driver was charged with reckless driving and the men were actually plainclothed police officers
• defence of duress by circumstances should have been available

Question 3

structure of duress of circumstances

Answer 3

1. instead of having Valderaga-Vega as the case with the question, it would be Conway with the question of ‘D felt compelled to act because he had a good cause, because of CIRCUMSTANCE, to fear serious injury or death’
2. second part of Graham test, Bowen applies still
3. duress can only be used when D is in a situation where there is no safe avenue of escape, cases still apply (so Hudson and Taylor, Cole, Sharp, Sherperd, Hassan)