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Necessity defences
Duress
In circumstances
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Created by
Jess T
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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