Description

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This book demonstrates that the defence of duress should be permitted as a partial defence to murder and manslaughter reducing the charge to a lesser offence with a fairer label. By considering duress as partial defence, a fair punishment would be achieved reflecting the blameworthiness of the defendant. In this way the sanctity of life principle should be respected and balanced against human frailty up to the point where it is considered more important than individual hardship. By not permitting the defence of duress to murder and attempted murder it creates several inconsistencies in various other areas of the criminal legal system. What is the role of the Parliament in this instance? How did Parliament act in similar occasions in the past? This book provides a practical element on the area of duress and the steps which could have been taken in order to improve this defence and achieve a fairer balance.