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Toate cazurile
Criminal Law
House of Lords
1992

R v Gotts

[1992] 2 AC 412

Ratio Decidendi

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.

Fapte

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.

Rezumatul hotărârii

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.

Citate cheie

"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

Tratament ulterior

Good law

Extends the Howe principle to attempted murder.