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 has voluntarily and with full knowledge of its nature joined a criminal group which he was aware might bring pressure on him of a violent kind or require him if necessary to commit offences to obtain money where he himself had defaulted to the criminal group in payment to the criminal group.’
Held: This was a misdirection: ‘What a defendant has to be aware of is the risk that the group might try to coerce him into committing criminal offences of the type for which he is being tried by the use of violence or threats of violence.’ and ‘The purpose of the pressure has to be to coerce the accused into committing a criminal offence of the type for which he is being tried.’ The appeals were accordingly allowed and the convictions quashed.
Citations:
Times 28-Apr-1999, [1999] EWCA Crim 913, [1999] 2 Cr App R 335
Jurisdiction:
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 . .
Overruled – 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 . .
Cited – 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.
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 October 2022; Ref: scu.157313