What is the ratio in R v Howe?

Duress is not available as a defence to murder, whether the defendant is charged as a principal or as an accessory. The sanctity of life principle prevents this defence.

What did the court decide in R v Howe?

The House of Lords definitively ruled that duress cannot be used as a defence to murder charges, overruling previous authority that allowed it for accessories.

Why is R v Howe important for criminal defences?

It establishes the absolute rule that duress cannot excuse murder and reflects the law's fundamental commitment to protecting human life above competing considerations.

What is the ratio in R v Howe?

Duress is not available as a defence to murder, whether the defendant is charged as a principal or as an accessory. The sanctity of life principle prevents this defence.

What did the court decide in R v Howe?

The House of Lords definitively ruled that duress cannot be used as a defence to murder charges, overruling previous authority that allowed it for accessories.

Why is R v Howe important for criminal defences?

It establishes the absolute rule that duress cannot excuse murder and reflects the law's fundamental commitment to protecting human life above competing considerations.

Criminal1 min read

R v Howe

[1987] AC 417House of Lords1987

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“House of Lords rules duress cannot excuse murder or attempted murder”

Facts

The defendants participated in torture and killing of two men after being threatened by their co-accused. They claimed they acted under duress, fearing for their own lives if they refused to participate in the violence.

Issues

Whether duress can be a defence to murder for secondary parties, and whether duress can be a defence to attempted murder.

Held

Duress is not available as a defence to murder for any participant, whether principal or secondary party. Duress is also not available as a defence to attempted murder.

Significance

This case definitively settled that duress cannot excuse the most serious crimes involving intentional killing. It established the principle that some crimes are so heinous that no external pressure can provide a legal excuse.

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OSCOLA Citation

R v Howe [1987] AC 417 (HL)

Criminal LawDefences

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