References: [1989] QB 290, (1989) 88 Cr App Rep 159
Coram: Woolf LJ
Ratio: The defendant said that he had driven recklessly because he was in fear for his life and that of his passenger.
Held: The court was bound by Willer to rule that a defence of duress was available. It was convenient to refer to this type of duress as ‘duress of circumstances’.
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 . .
(This list may be incomplete)
This case is cited by:
- Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA (Times 10-Oct-00, Bailii, [2000] EWCA Civ 254, [2001] 1 FLR 267, [2000] 4 All ER 961, [2001] Fam 147, [2001] 2 WLR 480, [2001] 9 BHRC 261, [2000] 3 FCR 577, [2001] Fam Law 18, (2001) 57 BMLR 1, [2000] Lloyd’s Rep Med 425, [2001] UKHRR 1)
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . . - Cited – Hasan, Regina v HL (Bailii, [2005] UKHL 22, Times 21-Mar-05, House of Lords, [2005] 2 AC 467, [2005] 2 WLR 709, [2005] 4 All ER 685)
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . . - Cited – Regina v Pommell CACD (Gazette 13-Jul-95, Ind Summary 05-Jun-95, Times 22-May-95, [1995] 2 Cr App R 607, Bailii, [1995] EWCA Crim 7)
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. . . - Cited – Regina v Rodger, Rose CACD (Times 30-Jul-97, Bailii, [1997] EWCA Crim 1760, [1998] 1 Cr App Rep 143)
The two defendants escaped from Parkhurst Prison. On capture they said that as murderers, they had received notices that though they had behaved without criticism in prison, their tarriffs had been increased. They said they felt unable to face . .
(This list may be incomplete)
Last Update: 21 February 2017
Ref: 213667
The post Regina v Conway: 1989 appeared first on swarb.co.uk.