If the complainant had been free to walk away, she could not have developed a reasonable belief that she was about to face immediate or imminent physical harm.
- The defendant threatened the plaintiff that his mate would cause her physical harm for refusing his proposition
- The defendant intended the plaintiff to believe his threat, in the hope that she would agree to his proposition
- The plaintiff’s belief in the threat was reasonable, given that the defendant had not let her out of the car when she requested
- The plaintiff’s injuries were caused by jumping from the car, to avoid the prospect of the physical harm threatened by the defendant.
- That the defendant did not make a threat
- That the defendant did not intend the plaintiff to believe that they would be harmed
- That the plaintiff did not reasonably believe they were facing immediate physical harm
That any injury suffered by the plaintiff was not caused by their reasonable belief in the threat.