DURESS BY CIRCUMSTANCES AND NECESSITY
DEFINITION: Duress by circumstances differs from the duress by threats in that the circumstances
dictate the crime rather than a person.
NOT AVAILABLE FOR MURDER, ATTEMPTED MURDER OR TREASON
R v Willer – D and a passenger were driving down a narrow alley when their car was surrounded by
a gang of youths who threatened them. D realised that the only way to get away was to drive on
the pavement. D was acquitted having drove ‘under the that form of compulsion this is under
duress’
THE THREAT
The circumstance must create the threat of death or serious injury – this is an objective test. This
can be directed to the defendant or a family member
R v Conway – A passenger in D’s car had been shot at by two men a few weeks prior, the
passenger saw two men running towards the stationary car and thought the two men were after
him (they were plain clothed policemen). He yelled at the D to drive off fast, D was charged with
reckless driving.
GRAHAM TEST
R v Graham set out that if the defence should succeed, the jury must consider the two-stage test:
1.Was the defendant compelled to act as they did because they reasonably believed that they had
good cause to fear serious injury or death?
2.Would a sober person of reasonable firmness, sharing the characteristics of the accused, have
responded in the same way?
NECESSITY
A circumstance which forces a person act in order to prevent a worse evil occurring.
R v Dudley v Stephens – two shipwrecked sailors ate the cabin boy to survive and had been
charged with murder after being rescued a few days earlier.
RECOGNITION IN CIVIL CASES
The defence has been used more successfully in civil cases but this is a problematic solution to
these situations (Re F)
AS A DEFENCE IN CRIMINAL LAW
The defence may be available for murder though the case was confined to its facts (Re A), no set
precedent.
TEST FOR NECESSITY
1. The act must be done to prevent a greater evil
2. The evil must be directed towards the D or another person they are responsible for
3. The act must be reasonable and proportionate to the evil avoided.
R v Shayler – Shayler was a member of the MI5 and had signed a declaration under the Official
Secrets Act, in breach of this he had provided a journalist with 30 documents which he had
obtained in his position and which related to national intelligence and security issues.
DEFINITION: Duress by circumstances differs from the duress by threats in that the circumstances
dictate the crime rather than a person.
NOT AVAILABLE FOR MURDER, ATTEMPTED MURDER OR TREASON
R v Willer – D and a passenger were driving down a narrow alley when their car was surrounded by
a gang of youths who threatened them. D realised that the only way to get away was to drive on
the pavement. D was acquitted having drove ‘under the that form of compulsion this is under
duress’
THE THREAT
The circumstance must create the threat of death or serious injury – this is an objective test. This
can be directed to the defendant or a family member
R v Conway – A passenger in D’s car had been shot at by two men a few weeks prior, the
passenger saw two men running towards the stationary car and thought the two men were after
him (they were plain clothed policemen). He yelled at the D to drive off fast, D was charged with
reckless driving.
GRAHAM TEST
R v Graham set out that if the defence should succeed, the jury must consider the two-stage test:
1.Was the defendant compelled to act as they did because they reasonably believed that they had
good cause to fear serious injury or death?
2.Would a sober person of reasonable firmness, sharing the characteristics of the accused, have
responded in the same way?
NECESSITY
A circumstance which forces a person act in order to prevent a worse evil occurring.
R v Dudley v Stephens – two shipwrecked sailors ate the cabin boy to survive and had been
charged with murder after being rescued a few days earlier.
RECOGNITION IN CIVIL CASES
The defence has been used more successfully in civil cases but this is a problematic solution to
these situations (Re F)
AS A DEFENCE IN CRIMINAL LAW
The defence may be available for murder though the case was confined to its facts (Re A), no set
precedent.
TEST FOR NECESSITY
1. The act must be done to prevent a greater evil
2. The evil must be directed towards the D or another person they are responsible for
3. The act must be reasonable and proportionate to the evil avoided.
R v Shayler – Shayler was a member of the MI5 and had signed a declaration under the Official
Secrets Act, in breach of this he had provided a journalist with 30 documents which he had
obtained in his position and which related to national intelligence and security issues.
