ABSTRACT
Answer plan This question requires a critical evaluation of the rule that duress is no defence to murder by reference to the rationale of the defence and the limits on its availability.
The principal points to be discussed are: • the rationale of the defence of duress; • the distinction between excuses and justifications; • the objective limiting criteria; and • the arguments for and against allowing duress as a defence to murder. The principal authorities are: DPP for Northern Ireland v Lynch (1975); Howe (1987); Graham (1982).
