Paper 1.16c - Duress of Circumstance

Question 1

Is duress of circumstances a full or a partial defence?

Answer 1

Full defence, resulting in an acquittal.

Question 2

What is duress of circumstance?

Answer 2

D argues that they were forced to commit a crime due to their circumstances.

Question 3

What two cases established and confirmed the defence of duress of circumstances?

Answer 3

Willer - established
Conway - confirmed (first legal use)

Question 4

Duress of circumstances was mentioned in Willer. What were the facts of this case?

Answer 4

D was in his car surrounded by 20-30 youths, threatening to kill him and his passenger. CA quashed conviction as D drove recklessly ‘under that form of compulsion, that is, under duress.’

Question 5

Duress of circumstances was confirmed in Conway. What were the facts of this case?

Answer 5

A passenger in D’s car mistook a pair of men for a pair that had assaulted him previously. The passenger yelled at D to drive, forcing him to drive recklessly. CA quashed D’s conviction, establishing duress of circumstances.

Question 6

In duress of circumstances, the Graham test is also relevant. What is the Graham test and which case decided it was relevant?

Answer 6

Subjective test - Did d act due to fear of death/GBH?
AND
Objective test - Would a sober person of reasonable firmness, w/ d’s characteristics have acted that way?

Martin
D drove while suspended as his wife threatened to commit suicide unless D drove her son to work. CA overturned the conviction, citing the fact D’s actions passed the Graham test.

Question 7

In the case of Pommell, 3 limits to the duress of circumstances defence were established. Name them.

Answer 7

Defence not available to murder, attempted murder or treason.
Defence could apply to all offences, not just driving ones.
If there is a delay for D stopping his crime, he will be less likely to get the defence. (Stop ASAP)

Question 8

In duress of circumstance, d’s crime must be __________ and __________ to the circumstances? What cases said this?

Answer 8

Reasonable and proportionate.
(Bell) (Davies)

Question 9

In duress of circumstances, the case of Baker and Wilkins is one example of the defence’s limits. Name the limit exceeded in the case.

Answer 9

Threat must be of imminent death or serious injury, not psychological harm.
(D broke down V’s door because she heard her and V’s child crying.)

Question 10

In Shayler, D exposed MI5 secrets, an offence against the Official Secrets Act, to ‘protect the public’. Why was D rejected the defence of duress of circumstances?

Answer 10

D failed to identify who the threat was to; the word ‘public’ was deemed too vague.