Duress of Circumstances and Necessity (OCR A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
ShowHide
Practise the questions
10 questions from this quiz
What distinguishes duress of circumstances from duress by threats?
What distinguishes duress of circumstances from duress by threats?
The source of the compulsion
In R v Shayler (2001), how did Lord Woolf describe necessity & duress of circumstances?
In R v Shayler (2001), how did Lord Woolf describe necessity & duress of circumstances?
Essentially the same defence
Which case established the modern test for duress of circumstances still used today?
Which case established the modern test for duress of circumstances still used today?
R v Martin (1989)
Under the Re A test, what must the evil inflicted be in relation to the evil avoided?
Under the Re A test, what must the evil inflicted be in relation to the evil avoided?
Not disproportionate to it
What level of threat is required for duress of circumstances?
What level of threat is required for duress of circumstances?
Death or serious harm
Is duress of circumstances available as a defence to murder?
Is duress of circumstances available as a defence to murder?
No, it is not available
What did R v Willer (1986) achieve in the development of this defence?
What did R v Willer (1986) achieve in the development of this defence?
Opened the door to recognising circumstances
In R v Cairns (1999), what is the defence based on?
In R v Cairns (1999), what is the defence based on?
Defendant's reasonable perception of danger
Why did the defence fail in R v Shayler regarding the Official Secrets Act?
Why did the defence fail in R v Shayler regarding the Official Secrets Act?
Lawful alternatives were available
How many elements are in the Re A three-part test for necessity?
How many elements are in the Re A three-part test for necessity?
Three elements