Duress of Circumstance Flashcards
Duress of circumstances was first named as a defence in…
R v Conway
Gave a first indication duress of circumstances exists although it didn’t name it as such
R v Willer 1986
Indicated Graham test could be used for duress of circumstances
R v Martin
D was driving under influence of alcohol because he feared harm from those chasing him. Able to prove the threat was real and he had been reasonable.
DPP v Bell
Contrasts with R v Bell. D feared being beaten up by a party. Ran before driving whilst driving under the influence when she had not been pursued. No longer an immediate threat. No defence
DPP v Pittaway
D found in a bed with a loaded shotgun. Claimed he had persuaded E to hand over gun in the early morning after they were determined to use it. D intended to have over gun to the police the next day. Allowed the defence because time delay was minimal and explanation was plausible
R v Pommell
