R v Martin [1989] 88 CAR 343
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:03:03 UTC
Defendant drove when disqualified because his wife threatened suicide if he did not.
CA said there was a defence of duress of circumstances if Defendant was acting “reasonably and proportionately” in response to the dangers of serious injury or death.
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The belief in the threat has to be reasonable. Would a sober person of reasonable firmness act the same way?
Therefore CA quashed Defendant’s conviction.
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