Duress of circumstance

• R v Willer


  D drove on a pavement to avoid being attacked by a group of youths.

  
  

  the jury should be allowed to consider some types of duress in such circumstances
• R v Martin


  D drove his son to work whilst being disqualified. D claimed that his son was late for work and his wife threatened to commit suicide if he did not take their son to work.

  
  

  The judge recognised the defence of duress by circumstance and adapted the Graham two-part test to take account of this
• R v Pommell


  In this case D was in possession of a firearm. He said he had taken the gun from someone who was threatening a revenge attack. He said he was going to hand it into the police the following day but they came to him first and was arrested. Defence successful.

  
  

  Duress of circumstance is not limited to driving offences and it is

  for the jury to decide whether duress of circumstance applies
• DPP v Bell


  D drove whilst intoxicated to avoid being attacked.

  
  

  duress of circumstance successful as D pulled into a lay-by as soon as he was out of danger
• R v Mulally


  The defence of duress by circumstance fails as D drove whilst drunk but not under threat at the time
• R v Conway


  D claimed to have been in his car when approached by two men who he believed were going to attack him. He sped off in a reckless manner to escape.

  
  

  Duress of circumstance will be successful even if D made a mistake as to the threat so long as it was an honest and reasonable mistake