Chapter 15 Interactive key cases

If a person voluntarily becomes or remains associated with others engaged in criminal activity in a situation where he knows or ought reasonably to know that he may be the subject of compulsion by them or their associates, he cannot rely on the defence of duress. Note that the case also contains important obiter statements in relation to many of the other elements to the defence.

The doctors’ acts of separation would not amount to murder because the act was required to avoid inevitable and irreparable evil; no more would be done than was reasonably necessary for the purpose to be achieved, and the evil to be inflicted was not disproportionate to the evil avoided.

The Court of Appeal quashed D’s conviction. Where a defendant made a mistake about the need to use force (to defend himself or another), he was to be judged according to his mistaken view of the facts, whether or not that mistake was reasonable. This is a subjective test.

Hasan [2005] 2 AC 467

Re A (Children) (Conjoined Twins: Surgical Separation) [2001] 2 WLR 480

Williams (Gladstone) [1987] 3 All ER 411