duress by circumstance

• where the defendant is forced to react due to the circumstances they found to themselves in
• not a defence to murder, attempted murder or treason
• they must fear death or serious injury
• Martin


  2 part test

  1. was D compelled to act as he did because he reasonably believed he had good cause to fear death or serious injury
  2. if so, would a sober person of reasonable firmness sharing the same characteristics of the accused have responded in the same way?
• Conway, Willer


  duress available if from an objective point of view, D was acting to avoid a threat
• Pommell


  issue left to jury