Law Weblog

Drink driving and duress of circumstances

CPS v Brown, DC, 20 December 2007. Justices had been wrong to accept a defence of duress of circumstances in relation to an offence of driving with excess alcohol. B alleged that he drove to avoid a violent confrontation following a threatening phone call. At the time B was stopped there was no evidence that the threat was continuing, nor that B reasonably believed he was being pursued. The CPS appealed. Case remitted with recommendation to convict. The court did not have to resolve the question of whether or not the defence was available at the time he got into the car, as it was not available when he was stopped.