duress of circumstances

Question 1

what is duress of circumstances?

Answer 1

-a common law defence
-someone commits a crime because of the circumstances in which they found themselves

Question 2

what is the definition of duress by threats derived from Re A (children)(conjoined twins : surgical separation)?

Answer 2

-an act which would ordinarily be considered a crime, but may excuse the d if they can show that:
-it was done to avoid consequences which could not otherwise be avoided, and if they had been followed would have inflicted inevitable and irreparable evil upon themselves or others
-no more was done than was reasonably necessary
-the evil inflicted wasn’t disproportionate to the evil avoided

Question 3

what is the Martin test?

Answer 3

must be satisfied for the defence of duress by circumstances
-from an objective POV the accused acted reasonable and proportionately to avoid a threat of death or serious harm, and
-the two part graham test applies

Question 4

cases on duress of circumstances

Answer 4

-r v Conway
-r v Martin
-r v pommel
-DPP v davis