Duress of Circumstances and Necessity (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Definition of duress of circumstances
Definition of duress of circumstances
D acts due to dangerous situation, not direct threat from person
Necessity & duress of circumstances (Shayler)
Necessity & duress of circumstances (Shayler)
Essentially the same defence (Lord Woolf)
Foundational case for duress of circumstances
Foundational case for duress of circumstances
R v Martin (1989) - established modern test
Re A three-part test
Re A three-part test
Unavoidability, reasonable necessity, proportionality
Martin test components
Martin test components
Objective reasonableness + Graham test
Threat level for duress of circumstances
Threat level for duress of circumstances
Death or serious injury only
Duress of circumstances available for murder?
Duress of circumstances available for murder?
NO - unavailable for murder or attempted murder
R v Dudley & Stephens (1884)
R v Dudley & Stephens (1884)
Necessity refused - sailors killed cabin boy
Duress of circumstances vs duress by threats
Duress of circumstances vs duress by threats
Source: dangerous circumstances vs direct threat from person
Why R v Shayler defence failed
Why R v Shayler defence failed
Lawful alternatives available (internal reporting)