The appellant claimed that he had become indebted to a drug supplier, and that he had been compelled by threats of physical violence to collect the consignment of drugs which gave rise to his conviction. His defence of duress failed at trial.
Held: The appeal failed. Kennedy LJ: ‘The appellant in evidence conceded that he had put himself in the position where he was likely to be subjected to threats. He was therefore, in our judgment, not entitled to rely on those same threats as duress to excuse him from liability for subsequent criminal conduct.’ The court found it possible to distinguish R v Baker and Ward, observing: ‘It is the awareness of the risk of compulsion which matters. Prior awareness of what criminal activity those exercising compulsion may offer as a possible alternative to violence is irrelevant.’
Kennedy LJ, Turner and Smedley JJ
[2000] Crim LR 109
England and Wales
Citing:
Cited – Regina v Baker and Ward CACD 31-Mar-1999
The appellants claimed that they had been specifically instructed to rob the particular store which they were convicted of robbing, and did so under duress. The trial judge had directed the jury: ‘A person cannot rely on the defence of duress if he . .
Leave – Regina v Heath CACD 25-May-1999
Renewed application for leave to appeal. The appellant claimed that he had become indebted to a drug supplier, and that he had been compelled by threats of physical violence to collect the consignment of drugs which gave rise to his conviction. His . .
Cited by:
Cited – Hasan, Regina v HL 17-Mar-2005
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . .
Followed – Regina v Harmer CACD 12-Dec-2001
The defendant claimed duress saying that he had become indebted to his drugs supplier and had been forced to commit the crimes. He said he did not foresee that he might be required to commit crimes for the supplier.
Held: The court did not . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 18 December 2021; Ref: scu.223671