Source: All England Reporter
Publisher Citation: [2016] All ER (D) 81 (Dec)
Neutral Citation: [2016] EWCA Crim 1794
Court: Court of Appeal, Criminal Division

Gross LJ, Green J and Judge Molyneux

Representation Jeminipe Akin-Olugbade for B.
  Alexander Radley for K.
  Yogain Chandarana for A.
  John Clifford and James Dick (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 2 December 2016


Criminal law - Duress as a defence - Test of duress - Threat indirectly relayed to defendant - Defendants being charged with conspiracy to supply controlled drugs - Judge withdrawing first defendant's defence of duress on basis that defence only arising from defendant's first hand experience of threat - Defendants each being convicted of two counts of conspiracy to supply controlled drugs - First defendant appealing against conviction - Whether judge correct to withdraw first defendant's defence of duress from jury - .

The Case

Criminal law Duress as a defence. The Court of Appeal, Criminal Division, gave guidance on the law relating to the defence of duress, noting, in particular, that the mere fact that a threat had been conveyed indirectly did not constitute a fatal bar to the defence. In all the circumstances, the third defendant's appeal against conviction would be dismissed as the judge had been entitled to withdraw her defence of duress from the jury because, on orthodox principles governing the carefully confined defence, the jury had been bound to find it disproved.

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