‘Duress of circumstances and voluntary association’: R v Phair [2022] NICA 66

John Taggart

doi:10.53386/nilq.v74i2.1064

‘Duress of circumstances and voluntary association’: R v Phair [2022] NICA 66

John Taggart

School of Law

Research output: Contribution to journal › Article › peer-review

Abstract

n the case of R v Phair, the Northern Ireland Court of Appeal was tasked with interpreting the scope and application of the comparatively recent criminal defence of ‘duress of circumstances’. While the defence of duress by threats is well established, duress of circumstances has received comparatively little judicial or academic attention. The judgment provides important clarification on the doctrinal and theoretical underpinnings of the defence. Further, the decision is instructive as to how courts should approach the limitation of ‘voluntary association’ which may operate to prevent a defendant successfully pleading the defence.

Original language	English
Pages (from-to)	388–394
Number of pages	7
Journal	Northern Ireland Legal Quarterly
Volume	74
Issue number	2
DOIs	https://doi.org/10.53386/nilq.v74i2.1064
Publication status	Published - 04 Sept 2023

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‘Duress of circumstances and voluntary association’: R v Phair [2022] NICA 66
Copyright 2023, School of Law, Queen's University Belfast. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher.
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‘Duress of circumstances and voluntary association’: R v Phair [2022] NICA 66

Abstract

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