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Duress by threats

2018 OCR G154 Special Study topic

Is the defence of duress by threats a concession to human frailty, or an excuse for cowards?

As well as covering the 2018 OCR G154 Special Study topic, this article is relevant to AQA A-level 7162 Paper 1 and OCR A-level H415 Unit 1.

The common law allows a defence of duress by threat. Rarely used historically, the defence has become more relied upon and debated in the last 50 years. In allowing such a defence, the law has conceded that, with the exception of murder and attempted murder, crimes committed under the threat of imminent death or serious bodily harm may, in certain circumstances, lead to the acquittal of the defendant. In Lynch (1975) Lord Morris said in relation to the defence:

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Economic duress

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