Duress of Circumstances

Question 1

What is the Duress of Circumstances?

Answer 1

There was not threat but the circumstances to act in order to prevent death or extreme serious personal violence.

Question 2

R v Pommell

Answer 2

The D took a shotgun off someone he feared would use it,so was caught in the circumstances also posed a threat of serious violence.

Question 3

R v Willer

Answer 3

• Circumstances posed a threat of serious violence.

The appellant had been convicted of reckless driving. As he drove up a narrow road he was confronted with a gang of shouting and brawling youths..one of them shouting, “I’ll kill you Willer” and another threatening to kill his passenger….

Question 4

Graham test

Answer 4

D must genuinely believe his actions are necessary to avoid death and a reasonable and sober person with the same characteristics would feel the same.

Question 5

R v Abdul-Hussein

held:

Answer 5

The threat doesn’t need to be immediate,it needs to be operating on the d at the time they acted.

D’s hijacked a plane as they felt that they had no other choice-if the plane landed in Iraq.

Question 6

R v Conway

Case that properly differentiates the Duress of Circumstances and Necessity

Answer 6

The D believe he was fleeing in a car from 2 attackers but they were actually plain clothed police officers,so the act was NOT necessary.He still didn’t act voluntarily as he thought he was avoiding the death of his passenger.

Question 7

Self induced

R v Hassan/R v Sharp

Answer 7

D would voluntarily associated himself with violent circumstances and therefore subjected themselves to a risk of threats.