A Level Law Practice Exam

In the example of R v. Howe, what does the comment regarding duress imply?

1. It is a vital part of the case ruling

2. It cannot be used as a defense to attempted murder

3. It establishes a new legal precedent

4. It supports the principle of legal binding agreements

The correct answer is: It cannot be used as a defense to attempted murder

The correct understanding of the case R v. Howe emphasizes that duress cannot be used as a defense to attempted murder. This ruling establishes a clear principle regarding the limits of the duress defense in serious criminal offenses. The court maintained that allowing a defense of duress in cases of attempted murder would undermine the gravity of the crime and conflict with public policy considerations. This distinction is significant because it underscores the legal system's stance on accountability for serious crimes, where individuals must not only consider immediate threats to their safety but also society's need to maintain laws against such grave offenses. In this context, the comments regarding duress in R v. Howe serve as a critical clarification within criminal law, affecting how defenses are applied in future cases involving severe offenses.