If raised by appropriate evidence, the defence of necessity was available in relation to hijacking aircraft, although in such cases, the terror induced in innocent passengers would generally raise issues of proportionality for determination, initially as a matter of law by the judge and in appropriate cases by the jury. Legislation for precision in the defence of duress was urgently required.

CA (Crim Div) (Rose LJ, Rougier J, Johnson J)

17/12/1998