Duress by Circumstance

• Def is forced to react due to the circumstances they found themselves in.
• Not defence for murder, attempted murder or treason
• Def must fear death/serious injury
• 2 part test set out in (Martin)

  1. reasonably believed he had good cause to fear serious harm/death
  2. would sober person of reasonable firmness react the same?
• Defence available if def was acting to avoid a threat (Conway)(Willer)
• Issue left to jury (Pommell)