Duress of circumstances

• What is duress of circumstances often referred to as?

  The defence of necessity
• What type of defence is duress of circumstances?

  Common law
• What is the definition of duress of circumstances?

  Where someone commits a crime because of the circumstances they found themselves in
• Which case gives us the two-part test for duress by circumstances?

  Martin
• What is the two-part Martin test for duress by circumstances?

  Defendant acted reasonably and proportionately to avoid threat of death or serious harm

  Would a sober and reasonable person of reasonable firmness sharing the characteristics of the defendant have responded to the circumstances the same
• What is the second element of the two-part Martin test for duress by circumstances?

  Would a sober and reasonable person of reasonable firmness sharing the characteristics of the defendant have responded to the circumstances the same
• What is the first element of the two-part Martin test for duress by circumstances?

  Defendant acted reasonably and proportionately to avoid threat of death or serious harm