Duress

A defendant may raise the defence of duress where the immediate threat of death or serious personal violence was so great that it overcame the defendant's resistance to carrying out the criminal act. There is a subjective and objective test involved in assessing this defence.

Duress cannot be a defence to murder [ R v Howe [1987] AC 653].

Duress  :  Last Revised: Mon Sep 28th 2015
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