Which case extended the defence to reckless driving?

R v Conway [1989] applied duress of circumstances to a charge of reckless driving. The defendant drove off believing his passenger was about to be attacked.

Which case settled the test for duress of circumstances?

R v Martin (1989) applied the two-part Graham test to duress of circumstances. A husband drove while disqualified because his wife threatened suicide if he did not.

State the test for duress of circumstances.

The defendant must have acted reasonably and proportionately to avoid a threat of death or serious injury. A sober person of reasonable firmness sharing the defendant's characteristics must have acted in the same way.

Eduqas A-Level Law A150QS

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Criminal Law: Necessity Defences and Preliminary Offences

Duress of circumstances

3 things to know
Components 2 and 3

Overview

The defence recognised in Willer and extended through Conway and Martin, with the two-limb test settled in R v Martin — a good cause to fear death or serious injury, and a sober person of reasonable firmness who would have acted the same way.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

To which offences is duress of circumstances available?

Key term

What is duress of circumstances?

Numbers

Which case first recognised duress of circumstances?

Questions from this subtopic

Each one with the model answer underneath.

1
What is duress of circumstances?
Model answer
Duress of circumstances applies where the surrounding situation, rather than a person, compels the defendant to offend. The threat must again be of death or serious injury.
2
Which case first recognised duress of circumstances?
Model answer
R v Willer (1986) recognised the defence where a driver mounted a pavement to escape a threatening gang. The Court of Appeal treated the driving as done under duress of circumstances.
3
Which case extended the defence to reckless driving?
Model answer
R v Conway [1989] applied duress of circumstances to a charge of reckless driving. The defendant drove off believing his passenger was about to be attacked.
4
Which case settled the test for duress of circumstances?
Model answer
R v Martin (1989) applied the two-part Graham test to duress of circumstances. A husband drove while disqualified because his wife threatened suicide if he did not.
5
State the test for duress of circumstances.
Model answer
The defendant must have acted reasonably and proportionately to avoid a threat of death or serious injury. A sober person of reasonable firmness sharing the defendant's characteristics must have acted in the same way.
6
To which offences is duress of circumstances available?
Model answer
R v Pommell [1995] held that duress of circumstances is available to all offences except murder, attempted murder and some forms of treason. The defence is not confined to driving offences.

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