In circumstances

Cards (7)

  • What is it?
    Where D is compelled to act due to a situation rather than a threat.
    • R v Willer
  • Test
    Must also pass the Graham test
    • R v Martin
  • Stage one
    Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death?
  • Stage two
    Would a sober person of a reasonable firmness sharing D's characterists have responded in the same way in the same time?
  • Characteristics
    R v Bowden:
    • Age
    • Pregnancy
    • Serious physical disability
    • Recognised mental illness or psychiatric disorder
    • Sex
  • Cannot use for murder or attempted murder
    R v Pommel
  • R v Abdul-Hussain
    Does not need to be immediate, but must be imminent sense it was hanging over them