Question: BA Hons Law 2nd Year
Course Unit - Criminal Law
With reference to the rationale of the defence and its parameters consider critically the courts’ unwillingness to accept duress as a defence to murder.
Answer: It has long been a principle of English law that duress cannot be a defence to murder. According to Blackstone, a person under duress “ought rather to die himself than escape by the murder of an innocent”. This principle has been consistently reaffirmed in case law, most notably by the House of Lords
in Howe. The defence o...(short extract)
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- Subject: Law
- Course: Criminal Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 75%
- Words: 1878
- Date submitted: December 07, 2009
- Date written: October, 2009
- References: No
- Document type: Essay*
- Essay ID: 2473
