Duress of Circumstances Flashcards
Give the facts of Willer
D drove on the pavement slowly to avoid a gang of youths who threatened him
Give the ratio of Willer
On appeal the court of appeal said that the jury should have been allowed to consider whether D drove under “that form of compulsion that is duress”
Give the facts of Conway
A passenger in D’s car had been shot previously by two men, he thought he saw the men who did it so D recklessly drove
Give the ratio of Conway
His conviction was quashed said duress was available if objectively D was acting in order to avoid a threat of death or serious injury
Give the facts of Martin
D’s wife threatened suicide unless D drove their son to work while disqualified from driving
Give the ratio of Martin
On appeal it was held that duress of circumstances could be available if the two stage Graham test was applied
Give the facts of Pommell
D was found in bed with a machine gun he said he took off someone who was going to do some damage with it + he was planning to hand it in to police
Give the ratio of Pommell
Said duress of circumstances is available for all crimes except murder attempted murder and treason
