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R v Howe

Hearings

England & Wales

[1982] RTR 45, CA

27 Jan 1986 [1986] QB 626; [1986] 2 WLR 294; [1986] 1 All ER 833; 83 Cr App R 28, CA

19 Feb 1987 [1987] AC 417; [1987] 2 WLR 568; [1987] 1 All ER 771; 85 Cr App R 32, HL(E)

Additional names

R v Clarkson

Subject Matter

CRIME — Duress — Homicide — Charge of murder against actual killer — Person aiding and abetting murderer not actually killing victim — Whether duress available as defence — Whether conviction of person exercising duress limited to manslaughter if person under duress convicted of manslaughter not murder — Whether test of reasonable man applicable in duress

[1986] QB 626; [1987] AC 417; [1986] 2 WLR 294; [1987] 2 WLR 568

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

[1987] AC 417; [1987] 2 WLR 568

CRIME — Homicide — Procuring or inciting murder — Person procured alleging duress and accidental killing — Both person procured and procuror convicted of murder — Whether, if person procured only guilty of manslaughter, procuror still guilty of murder

[1987] AC 417; [1987] 2 WLR 568

ROAD TRAFFIC — Licence — Driving licence — False driving licence produced by motorist at home — Police request to see licence unconnected with driving on road — Whether use of licence with intent to deceive — “Uses” — Road Traffic Act 1972, s 169(1)(a)

[1982] RTR 45

Appellate History

R v Howe [1986] QB 626; [1986] 2 WLR 294; [1986] 1 All ER 833; 83 Cr App R 28, CA

Decision of the Court of Appeal (Criminal Division) affirmed on different grounds

R v Howe [1987] AC 417; [1987] 2 WLR 568; [1987] 1 All ER 771; 85 Cr App R 32, HL(E)

Commentary

Blackstones Criminal Practice 2025
Defences Involving Other Excuses and Justifications - Duress by Threats: General Principles - Cogency of the Threat A3.37

Defences Involving Other Excuses and Justifications - Duress by Threats: Excluded Offences and Persons - Murder A3.42

Defences Involving Other Excuses and Justifications - Duress by Threats: Excluded Offences and Persons - Treason A3.43

Liability of Principals and Accessories Generally A4.4

Liability of Accessory where there is No Principal - Liability where Principal Liable Only for Lesser Offence A4.20

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