The defence is available only if, from an objective standpoint, the accused can be said to be acting reasonably and proportionately in order to avoid a threat ...

The appellant pleaded guilty to driving whilst disqualified following a ruling by the trial judge that the defence of necessity was not available to him. He ...

4 янв. 2024 г. · Defendant was convicted of dangerous driving when he was trying to escape attackers, in reasonable fear for the safety of himself and his passenger.

The appellant now appeals against his conviction as of right upon a pure point of law. The point is whether the defence of necessity is available to a charge ...

R v Martin (1989) 88 Cr App R 343. Facts: The appellant had driven whilst disqualified from driving. He claimed he did so because his wife threatened to ...

The grounds of his appeal were that the judge's ruling was erroneous and had deprived him of a valid defence. The facts are set out in the judgment of the court ...

This appellant was convicted and sentenced on six counts in an indictment charging him with burglary and was sentenced to two years' imprisonment on each count ...

The defendant was convicted of an offence under s.99(b) the Road Traffic Act 1972 after he drove his car while disqualified. His defence was necessity. Не найдено: rv | Нужно включить: rv

But it is now accepted that threats to family and friends can be a basis for duress. Page 8. Martin (1989). The wife of the D threatened to commit suicide ...

On September 11, 1989, the respondent was arraigned on the remaining three counts and, after raising the same preliminary objection, was also acquitted on these ...