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DURESS - Coggle Diagram

- - - - voluntarily associates with others engaged in criminal activity
      - they ought to have known
      - there was a risk of being subjected to any compulsion by threats of violenec
  - - - R v Willer
        
        D drove recklessly to avoid attack by violent youths
      - R v Conway
        
        D drove recklessly to escape attack on passenger
      - R v Martin
        
        D drove whilst disqualified to prevent wife committing suicide
      - R v Pommell
        
        D took possession of firearm to prevent use by X
- - - - D feared for third party
    - - D feared for (unrelated) passenger
    - - D's boyfriend was person for whose safety D reasonably regarded herself as responsible
- - - - age
      - sex
      - pregnancy
      - serious physical injury
      - recognized mental illness
        
        including PTSD
        
        R v Emery
- - - - either:
        
        D did not have good cause to fear death/serious injury
      - or:
        
        that a reasonable person would not have acted as D
- - - - Where D relies on duress by threats
        
        jury may consider totality of threats
    - - to rely on duress D must apprehend fear death imminently
        
        R v Hasan
- - - - to committing offence e.g running away/alerting
    - - D could rely on duress even where threat was not immediate