Duress of circumstances (necessity)

• R v Willer

  duress of circumstance should’ve been considered by the jury
• R v Conway: jurassic of circumstance allowed if the defendant was acting in order to avoid death or serious injury. Threat to the passenger was permitted.
• R v Martin

  Graham test applies to duress of circumstances
• R v pomwell

  The defence was available for all offences except murder and attempted murder and some forms of treason
• R v Cairns

  it is sufficient for the defendant to show that he/she acted because he/she perceived a threat; not required to prove that was an actual or real threat can make a mistake
• R v Abdul - Hussain

  there must be an imminent peril of death or serious injury
• Graham Test


   The first stage is mainly subjective and ask: Was the defendant compelled to act as he did because reasonably believed he had good cause to fear serious injury or death? The second stage is mainly objective and asks, if so, would a sober person of reasonable firmness, sharing the characteristic of the accused, have responded in the same way?