Aviso legal: Esto no constituye asesoramiento jurídico. La legislación y la jurisprudencia cambian. Consulte siempre con un abogado cualificado para su situación específica.

Todos los casos
Criminal Law
House of Lords
1992

R v Gotts

[1992] 2 AC 412

Ratio Decidendi

Duress is not a defence to attempted murder. The logic of R v Howe that duress cannot be a defence to murder applies equally to attempted murder.

Hechos

A 16-year-old boy was instructed by his father to kill his mother. He stabbed her with a knife, causing serious but non-fatal injuries. He raised the defence of duress.

Resumen de la sentencia

The House of Lords held, by a majority of 3-2, that duress was not available as a defence to attempted murder, following the logic of R v Howe.

Citas clave

"If duress is not available as a defence to murder, it would be illogical to allow it as a defence to attempted murder."

Lord Jauncey

Tratamiento posterior

Good law

Extends the Howe principle to attempted murder.