long a he could show that he had the gun because he had reasonable belief that if he didn't take the gun, serious injury or death could've occurred. The courts also considered that sober reasonable person would have acted in this same way. Though the delay for handing the gun was long, D was able to offer an explanation. The case of POMMEL also established that duress of circumstances is a general defence. The defence was not available to just to Road Traffic offences but any crimes.
             But like Duress and Necessity it was not a defence available to either Murder or attempted murder. The decision in DUDLEY & STEPHENS (1884), confirmed that duress was not a defence to murder. After the shipwreck 4 men found themselves cast adrift in an open boat. After drifting for 20 days and having not eaten for 9 days and having been without water for 7 days, 2 of the men agreed to kill the cabin boy, the weakest. Having done so they fed on his flesh for 4 days and were then picked up a passing ship. They believed that if they did not feed on him they
             ...