DURESS OF CIRCUMSTANCE

Cards (4)

  • the defendants circumstances dictate the crime being committed rather than a person, this defence does not apply to murder or attempted murder (R v Graham and R v Gotts)
    1. Was D compelled to act because they reasonably believed they had good cause to fear death or serious injury if the crime was not committed?

    Subjective
  • 2. Would a sober person of reasonable firmness sharing D's characteristics have responded that way?

    Objective
  • 3. Self-Induced duress is not a defence