Duress

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Criminal Law

Duress

Graham [1982] 1 A11 ER 801

The Defendant who was a homosexual, lived with his wife and another homosexual man. The Defendant and K, who was violent and also bullied the Defendant, after a heavy drinking session, put a flex around the Defendants wife's neck and told the Defendant t

Bowen [1996] 4 All ER 83

The Defendant was suggestible as he had a low IQ. He claimed that he was forced by two men on the street to obtain services. He was charged with obtaining services by deception. He claimed that they had threatened to petrol-bomb him and his family.

Sharp [1987] 3 All ER 103

The Defendant was quite happy to join two others and commit a robbery. The Defendant knew they were violent and carried weapons/firearms. When he decided he did not want anything more to do with the robberies, he was threatened by one of the men to kill

Hasan (formerly Z) [2005]

A violent drug dealer was associated with the Defendant. The drug dealer threatened the Defendant and his family to make him break into a house and steal money from a safe. The Defendant armed with a knife broke into the house but could not gain access

R v Wilson (2007)

The defendant who was 13 was charged with murder together with his father. They were Charged with the murder of the defendant's mother. He stated he did this because he was frightened of his father and was afraid to disobey him. The Court of Appeal overru

R v Hudson and Taylor (1971)

There were two girls aged 17 and 19 who were the defendants. These two girls had committed perjury. They were giving evidence against F who was sitting in the court. The claim that F had threatened to 'cut them up'. The Judge claimed that they could not b

R v Abdul-Hussain and others (1999)

The defendants had hi-jacked a plain which was bound for England because they were frightened that they would be tortured and killed. The defendants were Shiite Muslims from Iraq who had fled to Sudan. The judge declined the defence of duress to be allowe

R v Valderrama-Vega (1985)

The defendant was being threatened with death, serious injury and financial pressure due to his homosexuality being disclosed. He was also involved in a scheme to bring cocaine in the country. The judge informed the jury that duress could only be used if

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