The defendant had been convicted of importing drugs. She denied knowledge of the offence and denied any coercion. Another person awaiting her at the airport was later convicted of an unassociated murder. She now appealed sayng that she had been coerced. The court was now asked whether he appellant may have been suffering from Battered Woman’s Syndrome at the time of the offence; and (ii) If so, was it a severity and degree that it might have afforded her the defence of duress?
Held: The appeal failed: ‘We make every allowance for the fact that a battered woman may not report their abuser, may not reveal the true extent of their abuse and may withdraw complaints. However, the contemporaneous records of this woman, of her complaints of her dealings with the police and social workers simply do not paint a picture of an abused woman who is passive and suppressing her suffering and her fears. They reveal a woman with her own anger management problems, a woman prepared to stand up for herself with Walters and the authorities and who far from being isolated was in regular contact with friends and relations.’
Hallett DBE LJ, Openshaw, Leggatt JJ
[2013] EWCA Crim 1472
Bailii
England and Wales
Citing:
Applied – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 November 2021; Ref: scu.517484