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R v Graham [1982] 1 All ER 801

Country:
United Kingdom
  • Defendant was convicted of murdering his wife, Victim, and claimed that he was under duress from A to do it.

  • The crown conceded that the defence was open to him (NB this is BEFORE Howe).

  • Judge asked:

    1. Did Defendant act because he believed, reasonably, that X had said or done something (i.e. a threat) and did Defendant have good cause to believe that if he did not so act then X would kill or seriously injure him?

    2. Secondly, would a man of reasonable firmness, sharing Defendant’s characteristics have done the same?

  • CA said this was correct and dismissed Defendant’s appeal. 

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