Defence of Duress Help!!!!!

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username3866310
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#1
Report Thread starter 3 years ago
#1
Hello guys i have a question. Can the defendant use the defence of duress if he is accused of the death of victim by involuntary menslaughter?
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#2
Report 3 years ago
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Yes.

Consider R v Sharp, where D was convicted of the manslaughter of a post office worker in the course of a robbery. The Court of Appeal took the trouble to explain that the defence of duress was not available to him because he had willingly joined a gang which he knew where likely to employ violent means. There would have been no need for this explanation if it was the case that duress was not available as a defence to a charge of manslaughter in any event.
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