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 three murders, and who forced him to carry out the offences.
Held: The appeal succeeded. The balance of authority was that there had to be an anticipation of pressure to commit the crime ‘of the type charged’. That was not an immutable phrase, but intended to direct the jury’s mind to ask whether the defendant’s association with the criminals would lead him against or with his will, to crime of the seriousness of that before the court.
Rix LJ, Crane J and Judge Maddison
Times 25-Mar-2003, [2003] EWCA Crim 191, [2003] 1 WLR 1489
Bailii
England and Wales
Citing:
Cited – Regina v Baker and Ward CACD 31-Mar-1999
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 . .
Cited – Regina v Heath CACD 25-May-1999
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 . .
Cited by:
On Appeal from – 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: 18 December 2021; Ref: scu.180365
