Duress

Someone who is placed under duress is usually someone who is forced to carry out an unlawful act against their will by another individual so as to ‘vitiate consent’, in keeping with Pao On v. Lau Yiu Long [1980] AC 614, and can be made the subject of someone’s defence to a criminal charge in some proceedings – although see the decision in R v. Sharp [1987] QB 853 – but it is not generally available as a defence against a charge for attempted murder, according to R v. Gotts [1992] 2 WLR 284, or murder itself, according to R v. Howe [1987] AC 417. However, for looking to understand the concept of ‘duress of circumstances’ it is appropriate to look to decisions including R v. Pommell [1995] 2 Cr App R 607 and R v. Baker (1996) The Times, 26th November.

 

Back to Criminal Defences

order-now

Visitors have also looked at...

  • 1Law Essay Scams

    Essay writing scams can be hard to spot.
    Click here to find out how to avoid the essay scams

  • 2Essay writing in the press

    Find out what the press say about essay writing in the 21st century.

  • 3 Meet the Law Essays UK Team

    Find out more about the individuals that provide this first class essay writing service.