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Regina v Fitzpatrick: CANI 1977

The court considered the defence of duress: ‘A person may become associated with a sinister group of men with criminal objectives and coercive methods of ensuring that their lawless enterprises are carried out and thereby voluntarily expose himself to illegal compulsion, whether or not the group is or becomes a proscribed organisation . . if a person voluntarily exposes and submits himself, as the appellant did, to illegal compulsion, he cannot rely on the duress to which he has voluntarily exposed himself as an excuse either in respect of the crimes he commits against his will or in respect of his continued but unwilling association with those capable of exercising upon him the duress which he calls in aid.’

Judges:

Lowry LCJ

Citations:

[1977] NI 20

Cited by:

CitedHasan, 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.

Northern Ireland, Crime

Updated: 30 April 2022; Ref: scu.223668

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