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General Defences- Duress Pt2, Duress Pt2: - Coggle Diagram
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Duress Pt2:
Duress by circumstance: This where the D is in a situation where they are forced to break the law in order to escape.
This was recognised by the courts in 1986 in the case of R v Willer.
It's seen as a defence for all crimes except murder, attempted murder and accomplice to murder.
R v Willer- D and a passenger were driving down a narrow alley when the car was surrounded by a gang of youths who threatened them. D drove on the pavement (which is a crime) in order to escape them.
Outcome: The defence applied.
R v Conway-* D had been targeted in a shooting of a car passenger a few weeks prior. D thought he was being chased by the person who had shot at his car, so drove off at speed and recklessly to escape. It was a plain clothed police officer.
Outcome: D's conviction was quashed on appeal as defence should have been put to the jury.
R v Martin (Cohn): D drove whilst disqualified to take son to work as wife threatened to commit suicide if he didn't (she had tried to do so previously).
Outcome: He pleaded guilty but this was quashed on appeal as defence of duress of circumstances should have been available to him.
The court states here that the defence requires a similar test to that used in Duress by threats (from R v Graham), requiring that:
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This belief must have lead the D to have a good cause to fear death or serious injury would result if he did not comply
A sober person of reasonable firmness, sharing the characteristics of the D might have acted as the D did.