Crown Prosecution Service v Brown

Crown Prosecution Service v Brown

The defence of duress was not available to the respondent for the entire period of his driving, as the threat had ceased and he was not being pursued. The magistrates erred in law in acquitting him on the basis of duress.

Parties
Claimant: Crown Prosecution Service; Defendant: Christopher Brown
Jurisdiction
England and Wales
Judgment Date
20 December 2007
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
Appeal allowed; acquittal set aside; case remitted with direction to convict respondent.
Legal Topics
Duress, Driving With Excessive Alcohol, Defence of Necessity
Criminal Law Road Traffic Law Duress Driving With Excessive Alcohol Defence of Necessity

Case Brief

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Parties

Crown Prosecution Service

Claimant

Christopher Brown

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the defence of duress was available to the respondent for the entire period of driving while over the alcohol limit
  2. 2 Whether the magistrates were correct in law to acquit the respondent on the basis of duress

Ratio Decidendi

The defence of duress was not available to the respondent for the entire period of his driving, as the threat had ceased and he was not being pursued. The magistrates erred in law in acquitting him on the basis of duress.

Court Disposition

Appeal allowed; acquittal set aside; case remitted with direction to convict respondent.

Orders

  • Case remitted to magistrates with a declaration that the respondent should be convicted.