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#crime #defences #law
Question
The Test for Duress of Circumstances
In [ case ], the Court of Appeal gave a test based on that given in Graham for duress by threats:

'[A]ssuming the defence to be open to the accused on his account of the facts, the issue should be left to the jury, who should be directed to determine these two questions: first, was the accused, or may he have been, impelled to act as he did because as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious physical injury would result; second, if so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded to that situation by acting as the accused acted? If the answer to both those questions was yes, then the jury would acquit; the defence of necessity would have been established.' (Per Simon-Brown J.)

Answer
Martin [1989]

Tags
#crime #defences #law
Question
The Test for Duress of Circumstances
In [ case ], the Court of Appeal gave a test based on that given in Graham for duress by threats:

'[A]ssuming the defence to be open to the accused on his account of the facts, the issue should be left to the jury, who should be directed to determine these two questions: first, was the accused, or may he have been, impelled to act as he did because as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious physical injury would result; second, if so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded to that situation by acting as the accused acted? If the answer to both those questions was yes, then the jury would acquit; the defence of necessity would have been established.' (Per Simon-Brown J.)

Answer
?

Tags
#crime #defences #law
Question
The Test for Duress of Circumstances
In [ case ], the Court of Appeal gave a test based on that given in Graham for duress by threats:

'[A]ssuming the defence to be open to the accused on his account of the facts, the issue should be left to the jury, who should be directed to determine these two questions: first, was the accused, or may he have been, impelled to act as he did because as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious physical injury would result; second, if so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded to that situation by acting as the accused acted? If the answer to both those questions was yes, then the jury would acquit; the defence of necessity would have been established.' (Per Simon-Brown J.)

Answer
Martin [1989]
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The Test for Duress of Circumstances In Martin [1989], the Court of Appeal gave a test based on that given in Graham for duress by threats: '[A]ssuming the defence to be open to the accused on his account of the facts, the iss

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