Duress is not a defence to murder. Critically explain the scope and functioning of the defence of duress and examine whether ‘as a concession to human frailty’ (Lord Hailsham, in Howe) someone should be exempt from liability to criminal sanctions if s/he takes an innocent life rather than sacrificing his/her own.

Description

QUESTION

Dani and Priti are drug addicts. One evening, Dani goes round to Priti’s house with some heroin for them both. On arrival, he sees that Priti has her right arm bandaged up. She has sprained her wrist and cannot use her right arm. Dani prepares one syringe of heroin and injects himself. As Priti cannot use her arm, she asks Dani to prepare a syringe for her. Dani agrees to this but accidentally prepares a very large dose which he then injects into Priti’s left arm. A few minutes later, Priti goes very quiet and falls unconscious. Dani is very frightened at what has happened and leaves straightaway.

An hour later, Priti’s boyfriend Tyron arrives home. He finds Priti lying on the floor and sees the empty syringe next to her. He tries to resuscitate her, but she does not wake up, so he puts her in his car to take her to hospital.

At the hospital, Priti was treated by Dr Foster, a recently qualified doctor. Dr Foster was at the end of a long shift and did not notice that, as well as her injured arm, Priti was suffering from an overdose of heroin. Priti died not long after being treated by Dr Foster due to the effects of the heroin.

Discuss who is liable for the death of Priti.

QUESTION

Duress is not a defence to murder. Critically explain the scope and functioning of the defence of duress and examine whether ‘as a concession to human frailty’ (Lord Hailsham, in Howe) someone should be exempt from liability to criminal sanctions if s/he takes an innocent life rather than sacrificing his/her own.

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