R v Cairns
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE MANTELL |
| Judgment Date | 22 February 1999 |
| Neutral Citation | [1999] EWCA Crim J0222-6 |
| Judgment citation (vLex) | [1999] EWCA Crim J0222-14 |
| Docket Number | No: 98/6778/X5 |
| Court | Court of Appeal (Criminal Division) |
| Date | 22 February 1999 |
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3 cases
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R v Martin (David Paul)
...The same subjective approach has been approved by this Court in cases of duress of circumstances or duress of necessity (see Cairns [1999] 2 Cr App R 137). We cannot see that any distinction should be made in a case of straightforward duress by threat. It follows that in our view the learn......
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John McHugh (Administrator of the Estate of Christine McHugh (Deceased) v Ophelia Okai-Koi and Another
...to the defence of necessity, first, that the commission of the offence was necessary, or reasonably believed to have been necessary, R v Cairns [1999] 2 Cr App R 137 CA, R v Safi (Ali Ahmed) [2004] 1 Cr App R 14 CA, for the purpose of avoiding or preventing death or serious injury to the pe......
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R v Robert COLIN ELSON
...offence of dangerous driving is not something that we need to discuss in the light of our conclusions, but we note the case of Cairns [1999] 2 Cr App R 137.) 33 The appellant was not saying that he deliberately drove at the group. He was saying that it was an accident and that he had no int......
3 books & journal articles
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Duress by indirect threats R v Brandford [2016] EWCA Crim 1794, [2017] 4 WLR 17, Court of Appeal
...EWCA Crim 1809, [2004] 1 Cr App R 14), firearms offences (Pommell;Gregory [2011]EWCA Crim 1712) and causing GBH with intent (Cairns [1999] 2 Cr App R 137). Several casesinvolve duress being invoked as a defence by those accused of drug dealing or trafficking, albeitrarely successfully. Exam......
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When is it ‘Necessary’ to Protect a Person from Harassment?
...1 Cr App R 14). The ‘circum-stances’ do not have to actually exist; what is crucial is the defendant’sperception of them (R v Cairns [1999] 2 Cr App R 137). The perceiveddanger must be ‘such as he reasonably expects to follow immediately oralmost immediately on his failure’ to respond to it......
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Non-conviction Bad Character Evidence and Directions to the Jury on Use to Show Propensity R v Mitchell [2016] UKSC 55
...EWCA Crim 1809, [2004] 1 Cr App R 14), firearms offences (Pommell;Gregory [2011]EWCA Crim 1712) and causing GBH with intent (Cairns [1999] 2 Cr App R 137). Several casesinvolve duress being invoked as a defence by those accused of drug dealing or trafficking, albeitrarely successfully. Exam......