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Rodger & Rose [1998] 1 CAR 143 Court of Appeal
The two appellants were inmates in Parkhurst Prison. They
learnt that the Home Secretary had increased their original tariffs. They
claimed that this made them suicidal and they broke out of prison to avoid the
threat of death which these circumstances had given rise.
Held:
Their appeals were dismissed and convictions upheld
Russell LJ:
“in these appeals it was solely the suicidal tendencies, the
thought processes and the emotions of the offenders themselves which operated
as duress. That factor introduces an entirely subjective element not present in
the authorities. ….. if these appeals were to succeed it would involve an extension
of the law upon this topic as hitherto reflected in authority and would
introduce an entirely subjective element divorced from any extraneous
influence.
We do not consider that such a development of the law would
be justified, nor do we think that such an extension would be in the public
interest. If allowed it would amount to a licence to commit crime dependent on
the personal characteristics and vulnerability of the offender. As a matter of
policy that is undesirable and in our view it is not the law and should not be
the law."
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R v Rodger & Rose
