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 defence of duress failed at trial.
Held: Granted. Duress arising from actions such as might invite that duress, was to be held to be voluntary duress, and so not to be available as a defence in criminal proceedings. The defendant had fallen into debt to a drug dealer who had sold on that debt to a third party who threatened the defendant unless he engaged in the offence. He was held to have put himself in that position voluntarily.
Kennedy LJ, Turner and Smedley JJ
Times 15-Oct-1999, [1999] EWCA Crim 1526
Bailii
England and Wales
Cited by:
Cited – Regina v Z CACD 27-Feb-2003
The defendant appealed his conviction, saying the judge had misdirected the jury as to his defence of duress. He had worked as a driver and minder in an escort agency whose owner came to be associated with a man who claimed to him responsibility for . .
Leave – Regina v Heath CACD 7-Oct-1999
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.
Crime
Updated: 18 December 2021; Ref: scu.157926