판결 이유
Duress is not a defence to attempted murder. The logic of R v Howe that duress cannot be a defence to murder applies equally to attempted murder.
사실관계
A 16-year-old boy was instructed by his father to kill his mother. He stabbed her with a knife, causing serious but non-fatal injuries. He raised the defence of duress.
판결 요약
The House of Lords held, by a majority of 3-2, that duress was not available as a defence to attempted murder, following the logic of R v Howe.
주요 인용문
"If duress is not available as a defence to murder, it would be illogical to allow it as a defence to attempted murder."
— Lord Jauncey
후속 처리
Good law
Extends the Howe principle to attempted murder.