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R v Martin

[1989] 88 CAR 343

Case summary last updated at 13/01/2020 14:44 by the Oxbridge Notes in-house law team.

Judgement for the case R v Martin

D drove when disqualified because his wife threatened suicide if he did not. CA said there was a defence of duress of circumstances if D was acting “reasonably and proportionately” in response to the dangers of serious injury or death. The belief in the threat has to be reasonable. Would a sober person of reasonable firmness act the same way? Therefore CA quashed D’s conviction. 

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