R v Cairns [2000] R.T.R. 15
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:03:03 UTC
Defendant was driving home when Victim jumped on his bonnet. Defendant, believing Victim to be hostile to him, braked so that Victim fell off and ran over him, causing GBH (grievous bodily harm).
Defendant used the defence of duress of circumstances. The trial judge said that the threat had to be real.
CA allowed appeal saying that actually Defendant merely had to reasonably believe that the threat existed.
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