A member of a gang of robbers sought to establish a defence of duress. The trial judge had directed the jury ‘but in my judgment the defence of duress is not available to an accused who voluntarily exposes and submits himself to illegal compulsion . . it is not merely a matter of joining in a criminal enterprise; it is a matter of joining in a criminal enterprise of such a nature that the defendant appreciated the nature of the enterprise itself and the attitudes of those in charge of it, so that when he was in fact subjected to compulsion he could fairly be said by a jury to have voluntarily exposed himself and submitted himself to such compulsion.’
Lord Lane CJ said ‘where a person has voluntarily and with knowledge of its nature, joined a criminal organization or gang which he knew might bring pressure on him to commit an offence and was an active member when he was put under such pressure, he cannot avail himself of the defence of duress.’
Lord Lane CJ
[1987] QB 583
England and Wales
Cited by:
Cited – The Coca-Cola Company and Another v Cengiz Aytacli and others ChD 30-Jan-2003
The claimant having succeeded in an action against the defendants, now sought an order for their committal for contempt, accusing them of having given false evidence, and of having failed to comply with court orders made. The defendant asserted a . .
Approved – Regina v Shepherd CACD 2-Jan-1987
The court considered the direction to be given on a defence of duress: ‘ . . .. where a person has voluntarily, and with knowledge of its nature, joined a criminal organisation or gang which he knew might bring pressure on him to commit an offence . .
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 05 January 2022; Ref: scu.181186