Have the prosecution proven that a sober person of reasonable firmness, sharing the Defendant’s characteristics, would not have responded in the same way?Īll of the authorities recognising duress as a defence have involved threats of death or grievous bodily harm.Was the Defendant impelled to act because, as a result of what he reasonably believed the coercer had said or done, he had a good cause to fear death or serious injury?.235, posing the following two questions in relation to duress: However, a distillation of various authorities has led to the Court of Appeal, in R v Graham, 74 Cr.App.R.
There is no definitive statement of the scope of the common law defence of duress. It is, however, available on a charge of conspiracy to murder: R v Ness and Awan Crim L.R. The defence is not available to a person charged with murder as a principal or as an aider, abettor, counsellor or procurer: R v Howe A.C. Availability of the Defenceĭuress is a defence at common law to all crimes except murder, attempted murder and treason involving the death of the sovereign: R v Gotts 2 AC 412.
It does not cover the statutory defence contained in s.45 Modern Slavery Act (MSA) 2015 for victims of slavery or trafficking who commit an offence. This Legal Guidance is intended to assist prosecutors when dealing with suspects/defendants, who seek to rely upon the defence of duress by threats or necessity (duress of circumstances).
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