General Defences - Duress of Circumstances P1

Question 1

What is the difference between duress of threat and duress of circumstance

Answer 1

It is where the circumstances dictate he crime D ‘must’ commit rather than a person

Question 2

Which case established the two stag test for duress of circumstance

Answer 2

Graham (same as duress of threats)

Question 3

What is the two stage test for duress of circumstance

Answer 3

1) Was D compelled to act as he did because he reasonable believe he had good cause to fear serious injury or death
2) Would a sober person of reasonable firmness sharing Ds characteristics have responded in the same way

Question 4

Which two offences does duress of circumstances not stand for (same as duress of threats)

Answer 4

Murder ot attempted murder

Question 5

Which case involved D being charged with possession of a gun but only had it as he took it from another to stop a crime from happening

Answer 5

Pommell

Question 6

Which case involved muslims hijacking a plane to UK with weapons to escape execution in Iraq

Answer 6

Adbul-Hassain

Question 7

How many of the requirements from duress of threats are required for duress of circumstances

Answer 7

All of them