References: [1988] EWCA Crim 1, [1989] QB 290
Links: Bailii
Coram: Woolf LJ, McCullough, Auld JJ
Ratio: The defendant appealed against his conviction for reckless driving. He said the offence was committed out of necessity, since his passenger’s life was under threat.
Held: Necessity can only be a defence to a charge of reckless driving where the facts establish ‘duress of circumstances’ . . where the defendant was constrained by circumstances to drive as he did to avoid death or serious bodily harm to himself or some other person.
Statutes: Road Traffic Act 1972 2
This case cites:
- Cited – Regina v Willer (Mark Edward) CACD ((1986) 83 Cr App R 225)
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which . . - Cited – Regina v Denton CACD ((1987) Cr App R 246)
The trial judge had refused to leave to the jury the defence of necessity, which the appellant sought to bring to a road traffic allegation.
Held: The appeal failed. Caulfield J referred to the authorities, and said: ‘In view of our ultimate . . - Cited – Regina v Lawrence (Stephen) HL ([1981] 2 WLR 524, [1982] AC 510, (1981) 73 Cr App R 1, [1981] 1 All ER 974)
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless.
Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ . . - Cited – Regina v Graham (Paul) CACD ([1982] 1 WLR 294, Bailii, [1981] EWCA Crim 5, (1982) 74 Cr App R 235, [1982] 1 All ER 801)
The defence of duress requires establishment of a reasonable belief. In judging the accused’s response the test is: ‘have the prosecution made the jury sure that a sober person of reasonable firmness, sharing the characteristics of the defendant, . . - Cited – Regina v Willer (Mark Edward) CACD ((1986) 83 Cr App R 225)
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which . . - Cited – Regina v Howe etc HL ([1987] AC 417, [1987] 2 WLR 568, Bailii, [1986] UKHL 4, (1987) 85 Cr App R 32)
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed.
Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is . .
(This list may be incomplete)
This case is cited by:
- Cited – Regina v Martin (Colin) CACD ([1989] 1 All ER 652, [1988] 88 Cr App Rep 343, Bailii, [1988] EWCA Crim 2)
The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he . .
(This list may be incomplete)
Leading Case
Last Update: 21 July 2019
Ref: 262891
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