Duress of circumstances

Question 1

Common-law or statute?

Answer 1

Common law

Question 2

Scope of defence

Answer 2

defendant forced to react due to circumstances they found themselves in. rather than direct threat of death or injury

Question 3

Two Part Martin Test

Answer 3

1: Objectively, the accused acted reasonably and proportionately to avoid a threat of death or serious harm, and
2: The two-part Graham test applies.

Question 4

R v Conway

Answer 4

Drove fast as thought he was shot at.

Duress was available if from an objective point of view D was acting to avoid threat.

Question 5

R v Willer

Answer 5

Drove on pavement to avoid being attacked.

Jury should be allowed to consider some duress.

Question 6

Two part Graham test

Answer 6

Was D compelled to act because they reasonably believed they has a good reason to fear death or serious injury?
Would a sober person of reasonable firmness, sharing the same characteristics as D, have acted in the same way