Duress of Circumstance

• still must be sufficient link between threat created by circumstances and criminal act

  R v Cole
• similar to duress of threat

  *1. The situation causes D to commit a crime

  2. Threat must be directed against the defendant, or his immediate family or someone close to him (R v Hasan and R v Shayler)

  3. Ds belief in the threat and response is reasonable. (R v Graham)

  4. Was the criminal offence directly caused by threat (R v Cole)

  5. Was there any evasive actions D was expected to take (R v Hudson and Taylor)

  6. did D voluntarily lay himself open to threats (R v Ali)

  7. not available to murder/attempted murder or treason (Abbott v R)
• rules of duress of circumstance

  1. Was D forced to act as he did because he reasonably believed he had good cause to fear serious injury or death

  2. If so, would a sober person of reasonable firmness sharing the characteristics of D done the same.

  R v Cairns

  V jumped onto bonnet of Ds car. D saw Vs friends, felt threatened and drove off with V on car. friends were just trying to help, jury had to consider whether Ds actions were "absolutely necessary"

  CoA said he "merely had to believe" threat existed
• R v Willer (precedent)


  Car was surrounded by gang members, threatening to kill driver&passenger. Tried to turn car but couldn't so mounted pavement and drove along until escaped. Reported at police station and was arrested with reckless driving

  CoA- jury should've been able to consider whether D drove the way he did due to surrounding circumstances (forced)
• R v Conway 


  D was driving with passenger who had previously been shot. noticed car was following, drive recklessly. was actually 2 plain clothed policemen, duress should've bene put to jury
• R v Martin 


  Drive son to work while disqualified due to suicidal wife

  duress should've been available
• rules confirmed in R v Pommell


  found by police in bed with loaded smg. had taken it from another man who claimed he was going to do some people some damage, had intended to give gun to brother to pass over to police. judge said failure to pass gun immediately = no defence

  CoA confirmed duress was unavailable for murder/attempted murder/treason
• R v Abdul Hussain


  7 shiite Muslims were sentenced to death in Iraq following a confession extracted via torture. feared being deported from Sudan, hijacked plane for Jordan that then landed at Stansted.

  Judge ruled defence could not be used because the danger wasn't sufficiently close and immediate

  However CoA said it didn't have to be immediate but hanging over Ds and imminent
• NECESSITY

  lesser of two evils, used in medical cases

  Re A - wanted to separate conjoined twins. with operation one lived, without both died