Duress: objective test: Director of Public Prosecutions v Mullally [2006] EWHC 3448 (Admin),[2006] All ER (D) 49 (Nov)

M, a victim of domestic violence at the hands of three of her husbands, claimed that she feared for her sister’s safety due to the conduct of her partner. In the early hours of the morning, wearing only pyjamas and a dressing gown, she drove to her sister’s house. On arrival, she was assaulted and threatened with injury. She telephoned the police but left with her daughter before the police arrived at approximately 3 am. Whilst on the way home, she was informed that the police had arrived at her sister’s house. She continued on her journey whereupon she was stopped by the police who breathalysed her. It was found that, whilst ‘in charge of a motor vehicle on a road or other public place’ the proportion of alcohol in her breath exceeded the prescribed limit contrary to s. 5(1)(a) of the Road Traffic Act 1988.