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KembaraXtra-Case Law- Conway (1988) CA
I. Case Overview
Key Takeaway: The defense of duress of circumstances requires a direct and immediate threat of death or serious injury that compels the defendant's actions. The belief that such a threat exists, even if mistaken, may be relevant, but the circumstances themselves must necessitate the unlawful act.
I. Case Overview
- Parties:
- D: Defendant (driver of the car)
- T: Passenger wanted by police
- Police Officers: Two approaching the car
- Facts:
- D was parked with two passengers.
- One passenger, T, was wanted by the police.
- Two police officers approached the car to speak to T.
- T instructed D to drive away.
- D drove away at great speed and in a reckless manner.
- D was charged with reckless driving.
- Defence: Duress of Circumstances
- Basis of Defence:
- D claimed T had narrowly avoided being shot by two men a few weeks prior.
- When plain-clothed officers approached the car, D thought they were going to shoot T.
- D stated he only realized they were police officers after dropping T off at a safe location.
- Held: Necessity will only be a defence to the charge of reckless driving where D was under duress of circumstances.
- Definition of Duress of Circumstances:
- D was constrained by circumstances.
- The constraint was to avoid death or serious injury.
- The threat of death or serious injury was to himself or another person.
Key Takeaway: The defense of duress of circumstances requires a direct and immediate threat of death or serious injury that compels the defendant's actions. The belief that such a threat exists, even if mistaken, may be relevant, but the circumstances themselves must necessitate the unlawful act.
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