duress by circumstances

• Duress of circumstances is where the circumstances dictate the crime rather than a person.
• what is the significance of the caes of r v willer and R v martin?

  Both illustrate duress by circumstances
• Describe the facts of r v Willer 1968?

  The defendant was surrounded by a gang of youths and drove on the pavement to escape.
• Describe the facts of r v martin?

  The D drove whilst disqualified, because his wife threatened to commit suicide if he didn't drive their son to work
• what is the significance of the case of r v pommell?

  It shows how the defence of duress by circumstances Is not available to murder or attempted murder
• Which case shows how the defence of duress by circumstances Is not available to murder or attempted murder?

  R v Pommel
• what is the significance of the case of r v Cairns?

  It shows that the defence of duress is available where the defendant reasonably perceived a threat or serious physical injury or death, even though there was no actual threat.
• which case shows that the defence of duress is available where the defendant reasonably perceived a threat or serious physical injury or death, even though there was no actual threat?

  R v Cairns
• what is the significance of the case of r v Abdul-hussain??

  It shows how the threat need not be immediate, but it had to be imminent in the sense that it was hanging over them.
• which case shows how the threat need not be immediate, but it had to be imminent in the sense that it was hanging over them?

  R v Abdul - hussain
• what are the elements of duress by circumstances?

  1. There must be an immediate threat of death orserious injury to the D, or those for whomthey are responsible.
  2. The threat must operate on the D’s mind at the time of committing the crime, so as to overbear their will- execution of the threat doesn’t need to be immediate
  3. There is no safe avenue of escape
• which case gives the elements of duress by circumstances?

  r v Abdul - Hussain