A jury was entitled to assistance from the trial judge in identifying issues of fact. The defence of duress included both subjective and objective elements. Conduct relied on needed to be such that any sober person of reasonable firmness, of a sort similar to the defendant, would have reacted similarly. A defendant could not voluntarily put himself in a position where he was likely to be subjected to duress if he knew or was aware that that was what he was doing.

CA (Crim Div) (Roch LJ, Richards J, Judge Colston QC)

31/03/1999