Ratio Decidendi
The defence of duress requires: (1) genuine fear of death or serious injury; (2) a sober person of reasonable firmness sharing the defendant's characteristics would have responded the same way.
Hechos
Graham lived with his wife and his homosexual lover King. King persuaded Graham to help kill Graham's wife by placing an electric flex around her neck. Graham claimed duress.
Resumen de la sentencia
Lord Lane CJ formulated the two-part test for duress. Graham's conviction was upheld.
Citas clave
"Was the defendant, or may he have been, impelled to act as he did because, as a result of what he reasonably believed the threatener had said or done, he had good cause to fear that if he did not so act the threatener would kill him or cause him serious physical injury?"
— Lord Lane CJ
Tratamiento posterior
Approved by the House of Lords in R v Howe [1987] and R v Hasan [2005].