duress of circumstances

• R v Willer


  Circumstances determine the crime
• R v Abdul-Hussain


  The threat need not be immediate, but it had to be imminent
• R v Cairns


  Threat comes from the circumstances D is in
• R v Conway


  Duress of circumstances can be used if d was acting in order to avoid a threat of death or serious injury
• R v Martin


  Duress of circumstances follows the same two-part test as duress when considering if D acted reasonably:

  1. Did D commit the conduct because they reasonably feared death or serious injury?

  2. Would a sober person of reasonable firmness, sharing the same characteristics, have responded in the same way?
• R v Gill


  If there was a safe avenue of escape, duress of circumstances cannot be used
• R v Sharp:


  Duress of circumstances cannot be used if D left themselves open to the threats (i.e. being part of a gang)
• 6 tests for duress of circumstances

  1. Has D received a threat of death or serious injury?

  2. Was the threat directed at D, D's immediate family, someone close to D or someone whose safety relies on D?

  3. Has D acted reasonably in light of the threats? Did D commit the crime because they reasonably feared death or serious injury? Would a sober person of reasonable firmness, with the same characteristics have acted the same way?

  4. Do the threats relate to the offence committed?

  5. Was there any evasive action D could have taken?

  6. Did D leave themselves open to the threats?