DEFENCES: DURESS BY CIRCUMSTANCES
- Created by: pwatkins05
- Created on: 07-11-21 10:58
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- DURESS BY CIRCUMSTANCES
- definition: a common-law defence whereby someone commits a crime because of the circumstances in which they found themselves
- from an objective pov, D must've acted reasonably and proportionately to avoid a threat of death or serious harm
- R v Willer
- was assumed that defence would only be available to driving cases
- R v Conway R v Martin
- however CoA decided the defence would be available to all cases except murder and attempted murder cases, like duress of threats
- Pommell
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