The Weekly Law Reports
[1987] 2 WLR 568
[HOUSE OF LORDS]
REGINA RESPONDENT AND HOWE APPELLANT
REGINA RESPONDENT AND BANNISTER APPELLANT
REGINA RESPONDENT AND BURKE APPELLANT
[CONJOINED APPEALS]
REGINA RESPONDENT AND CLARKSON APPELLANT
1986 Nov. 17,
18,
19,
20;
1987 Feb. 19
1987 Feb. 19
Lord Hailsham of Marylebone L.C., Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Griffiths and Lord MacKay of Clashfern
Crime
— Homicide
— Duress as defence
— Murder
— Principals in first and second degree
— Defence of duress not available to either
— Whether conviction for murder of person exercising duress maintainable if person under duress convicted of manslaughter only
— Whether test of reasonable man applicable in duress
Subject matter only
Crime
— Duress
— Test to be applied
— Defence of duress not available for murder
— Where defence of duress applicable, test to be objective for person with defendant's characteristics
Crime
— Homicide
— Procuring or inciting murder
— Person procured alleging duress and accidental killing
— Both person procured and procuror charged with murder
— Whether, if person procured only guilty of manslaughter, procuror still guilty of murder