Crimianl Defences: Duress of circumstance/necessity

What is the difference between this defence and duress by threat?

This defence arises when the D finds himself in circumstances that force him to commit the actus reus of the offence.

What happened in the case of Dudley and Stephens?

The Ds and a cabin boy were stranded at sea with little food or water. After 20 days they killed and ate the cabin boy, before being rescued four days later.

Held: The defence failed as no life is more valuable than another.

What crimes can duress of circumstance/necessity be used for?

all except for murder, attempted murder and treason (same as duress by threat)

When will the defence of circumstance succeed?

1. If the D had genuine cause to fear death or serious injury

and

2. A sober man of reasonable firmness, sharing some of the D’s characteristics, would have acted in the same way.

Willer: D was driving when a gang surrounded his car shouting death threats. He drove along the pavement to escape them.

Held: defence succeeded due to the circumstances.

when will the defence of necessity succeed?

1. The act was done to prevent a greater, inevitable evil

and

2. The act was reasonable, necessary and not disproportionate to the evil being avoided.

The case of Shayler added a 3rd requirement:

3. The evil must be directed towards the D or to whom the D had responsibility.

Re A:

Conjoined twins were born with 1 set of organs. If left, both children would die, if seperated only 1 would die. This was done to save a child.

Held: defence succeeded as they were preventing a greater evil.