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R v Howe (1987) ------ R v Gotts (1992)

R v Howe (1987) ------ R v Gotts (1992). Howe was acting under duress, took part with others to 2 separate murders and on a 3 rd occasion the intended victim escaped. R v Howe set obiter dicta in 1987, which was that duress is not a defence for attempted or actual murder.

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R v Howe (1987) ------ R v Gotts (1992)

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  1. R v Howe (1987)------R v Gotts (1992) Howe was acting under duress, took part with others to 2 separate murders and on a 3rd occasion the intended victim escaped. R v Howe set obiter dicta in 1987, which was that duress is not a defence for attempted or actual murder. Gotts, aged 17, caused serious injury to his mother when he stabbed her, attempting to kill her. He claimed that his father was threatening to kill him if he didn’t follow his wishes. Therefore, he was claiming duress. However, the court followed the Howe obiter dicta statement and Gotts was found guilty. OBITER DICTA STATEMENT

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