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Law Cases
Criminal Law Cases
Duress Cases

R v Z (Hasan) [2005] UKHL 22

Country:
United Kingdom
By Oxbridge Law Team
Lord Bingham
RELATED CASES

  • Defendant committed aggravated robbery under duress, but only once he had entered into an arrangement with people where he ought to have foreseen that he would be placed under duress.

  • HL said that duress could not apply where Defendant foresaw or ought to have foreseen that he would be compelled to do a crime if he entered into the arrangement/situation AND that it was irrelevant that he did not know what type of crime he would be compelled to do.

Lord Bingham

  • In any case of duress the fear of Defendant must relate to a threat of death or serious violence. The threat must be directed against Defendant, his family or someone close to him/her.

  • Only the conduct caused by the threat itself is to be excused.

  • Duress also only applies where there was no option of evasion.

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