duress of circumstances + necessity

• not a specific threat from a person but due to surrounding circumstances
• Willer (1986)- D drove on pavement as being chased by gang of youths
• Conway- (1989) reckless driving due to gang in car behind them who were going to attack passenger (first time court used phrase duress of circumstances)
• Martin (1989)- duress of circumstance case (also can be used in duress of threats) wife threatened to commit suicide unless he drove son to work he did so despite being disqualified from driving
• needs to be threat of death or serious injury
• Pommell (1995)- possession of firearm as had taken it off of someone else and was going to hand it into police the next day
• also doesn't apply to murder or attempted murder
• abdul- hussain (1999)- was duress of circumstances due to the situation they were in
• necessity- generally only successful in medical-related cases, D's conduct was lawful as they chose the lesser of two evils
• Dudley and Stephens-murdered another seaman to save their own lives from starvation was murder as killing an innocent life to save your own doesn't justify murder
• in medical cases necessity has been recognised by the civil courts- re A (conjoined twins) both would die if not seperated
• Duress by circumstances or necessity is a defense used in specific situations like pulling down a house to prevent fire spreading or a prisoner escaping jail due to being on fire
• Necessity test in law:

  • Example: Re A (conjoined twins) where it was necessary to separate them to save the life of one
  • Principles:

  1. Act is needed to avoid inevitable and irreparable evil

  2. No more should be done than is reasonably necessary

  3. Evil inflicted must not be disproportionate to the evil avoided
• Duress by circumstances: when a defendant believes he or those with him will suffer death or serious injury if he does not commit the crime
• Duress by threats: a defense where a person is forced to commit a crime after being threatened with death or serious injury, but cannot be used for murder or attempted murder
• Elements of duress by threats:

  1. Threat must involve kill or serious bodily harm

  2. Graham test: defendant must reasonably fear death or serious injury

  3. Immediacy of threat: threat must be imminent with no safe avenue of escape

  4. Self-induced duress: when the defendant brings the threat upon themselves, like joining a gang