Duress of Circumstances

Created by: une-meduse
Created on: 06-06-13 22:39

The difference between Duress of Threats and Duress of Cricumstances is shown in the case of

Willer where the defendant drove on the pavement to get away from a gang, and was charged with reckless driving - no one told him specifically to drive on the pavement

1 of 6

The defence of Duress of Circumstances is available if on an objective standpoint, the defendant was acting in order to avoid a threat of death or serious injury - this was decided in the case of

Conway, where a passenger in D's car had been shot at a few weeks earlier, when D saw two men run towards the car he drove away recklessly

2 of 6

The Graham test applies to Duress of Circumstances, this was decided in the case of

Martin, where the defendant's wife threatened suicide unless D drove disqualified (to drive her son to work as he was late)

3 of 6

The first part of the Graham test is a) was the defendant compelled to act as he did because he reasonably believed that he had a good cause to fear serious injury or death

b) if so would a sober person of reasonable firmness, sharing the characteristics of the defendant have acted in the same way

4 of 6

In the case of Pommell it was seen that

Duress of Circumstances could be a defence to all crimes except murder, attempted murder and some treason

5 of 6

The defendant was found by police lying in bed with a loaded sub-machine gun and said he had it because a 'geezer who was going to do some people some damage with it'

Pommell - a failure to go to the police straight away prevented him from having any defence

6 of 6

Other cards in this set

Card 2

Front

The defence of Duress of Circumstances is available if on an objective standpoint, the defendant was acting in order to avoid a threat of death or serious injury - this was decided in the case of

Back

Conway, where a passenger in D's car had been shot at a few weeks earlier, when D saw two men run towards the car he drove away recklessly

Card 3

Front

The Graham test applies to Duress of Circumstances, this was decided in the case of

Back

Card 4

Front

The first part of the Graham test is a) was the defendant compelled to act as he did because he reasonably believed that he had a good cause to fear serious injury or death

Back

Card 5

Front

In the case of Pommell it was seen that

Back

View more cards

Similar Law resources:

See all Law resources »

See all Law of Tort resources »

Get Revising

Duress of Circumstances