DPP v Rogers [1997] EWHC Admin 878 (15 October 1997)

DPP v Rogers [1997] EWHC Admin 878 (15 October 1997)

The Justices erred in law by failing to apply the objective test for duress of circumstances; on the facts, no reasonable bench could have found the defence available, as the respondent's actions were not objectively reasonable.

Citation
[1997] EWHC Admin 878
Parties
Applicant: DPP; Respondent: Rogers
Jurisdiction
England and Wales
Judgment Date
15 October 1997
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal allowed; case remitted to Justices with direction to convict.
Legal Topics
Duress of Circumstances, Road Traffic Offences, Defences to Crime
Criminal Law Duress of Circumstances Road Traffic Offences Defences to Crime

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

DPP

Applicant

Rogers

Respondent

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the defence of duress of circumstances applies where there has been no threat of violence towards the accused
  2. 2 Whether the Justices applied the correct legal test for duress of circumstances

Ratio Decidendi

The Justices erred in law by failing to apply the objective test for duress of circumstances; on the facts, no reasonable bench could have found the defence available, as the respondent's actions were not objectively reasonable.

Court Disposition

Appeal allowed; case remitted to Justices with direction to convict.

Orders

  • Order for costs below undisturbed.
  • Respondent to pay appellant's costs in this court.