Duress of circumstances Flashcards
Although duress of threats has been recognised as a defence for a long time, what has only recently been recognised by the courts?
that a defendant may be forced to act because of surrounding circumstances
What is the first case under which duress of circumstances was recognised?
Willer
What happened in the case of Willer?
D drove on the pavement to escape a gang of youths who threatened him in an alley. D was charged with reckless driving and convicted. COA said the jury should have been allowed to consider the circumstances.
D drove on the pavement to escape a gang of youths who threatened him in an alley. D was charged with reckless driving and convicted. COA said the jury should have been allowed to consider the circumstances.
What case is this?
Willer
What case followed Willer?
Conway
what happened in the case of Conway?
D was charged with reckless driving after a passenger in his car was shot a few weeks earlier and thought men running towards the car were after him. COA quashed conviction and ruled that a defence of duress of circumstances was available if on an objective standpoint, D was acting in order to avoid a threat of death or serious injury
D was charged with reckless driving after a passenger in his car was shot a few weeks earlier and thought men running towards the car were after him. COA quashed conviction and ruled that a defence of duress of circumstances was available if on an objective standpoint, D was acting in order to avoid a threat of death or serious injury
What case is this?
Conway
What was the ratio in Conway?
defence of duress of circumstances was available if on an objective standpoint, D was acting in order to avoid a threat of death or serious injury
What are the 3 driving offence cases under duress of circumstances?
Willer
Conway
Martin
What happened in the case of Martin?
Ds wife threatened suicide if D didn’t drive her son to work while disqualified. D was convicted. Appeal successful, the same 2 tests were held as in Graham,
1) Was D compelled to act as he reasonably feared serious injury or death
2) Would a sober person of reasonable firmness sharing the same characterises have responded in the same way
Ds wife threatened suicide if D didn’t drive her son to work while disqualified. D was convicted. Appeal successful, the same 2 tests were held as in Graham,
1)Was D compelled to act as he reasonably feared serious injury or death
2)Would a sober person of reasonable firmness sharing the same characterises have responded in the same way
What case is this?
Martin
It was not until which case that it became clear that duress of circumstances could be a defence to all crimes except murder and attempted murder and some forms of treason?
Pommell
What happened in the case of Pommell?
D was found at 8am with a machine gun which he told police he had at 1am after taking it from someone who intended damage. Convicted of having a prohibited weapon after failing to hand it in to the police straight away. Conviction quashed as COA held duress of circumstances was available for all offences (except murder, attempted murder, treason)
D was found at 8am with a machine gun which he told police he had at 1am after taking it from someone who intended damage. Convicted of having a prohibited weapon after failing to hand it in to the police straight away. Conviction quashed as COA held duress of circumstances was available for all offences (except murder, attempted murder, treason)
What case is this?
Pommell
What did the courts have to consider in Cairns?
they had to consider whether there had to be a real threat to the defendant or whether the defence was available where D reasonably perceived a threat of serious physical injury or death even though there was no real threat
