Regina v Cairns: CACD 22 Feb 1999

The defendant had been driving a car. It was surrounded by a group of youths, one of whom threw himself on the bonnet of the car. The defendant, feeling threatened drove off, and the man on the bonnet was injured.
Held: When establishing the defence of duress of circumstance, the defendant needed only to show a reasonable and genuine perception of a threat of serious physical injury, not necessarily that the threat was genuine.

Judges:

Mantell LJ

Citations:

Gazette 17-Mar-1999, Times 05-Apr-1999, [1999] 2 Cr App Rep 137, [1999] EWCA Crim 468, [1999] Crim LR 826, [2000] RTR 15

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

ApprovedRegina v Martin (Colin) CACD 29-Nov-1988
Defence of Necessity has a Place in Criminal Law
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 . .
ApprovedRegina v Abdul-Hussain; Regina v Aboud; Regina v Hasan CACD 17-Dec-1998
The law of the defence of duress arising out of threat or circumstances is in need of urgent parliamentary clarification. Appeals were allowed where the defendants hijacked an airplane in order to escape deportation to a hostile country. ‘The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 02 September 2022; Ref: scu.156868