Must the threat be the sole reason the accused committed the offence? [ case ]FACTS: The accused claimed he had imported cocaine because of death threats and in addition he said he needed the money that he stood to earn as he was under severe financial pressure due to a large debt he owed his bank. Furthermore, he had been threatened with the disclosure of his homosexual propensities. The trial judge told the jury that they should allow the defence only if the threat of death or serious injury was the sole reason for the defendant committing the crime. HELD: The Court of Appeal held that this was a misdirection. The jury were entitled to find the defence where the defendant acted because of the cumulative effect of all the threats, providing he would not have acted if it had not been for the threat of death or serious injury.
Answer
R v Valderrama-Vega [1985] Crim LR 220 (CA)
Tags
#crime #defences #law
Question
Must the threat be the sole reason the accused committed the offence? [ case ]FACTS: The accused claimed he had imported cocaine because of death threats and in addition he said he needed the money that he stood to earn as he was under severe financial pressure due to a large debt he owed his bank. Furthermore, he had been threatened with the disclosure of his homosexual propensities. The trial judge told the jury that they should allow the defence only if the threat of death or serious injury was the sole reason for the defendant committing the crime. HELD: The Court of Appeal held that this was a misdirection. The jury were entitled to find the defence where the defendant acted because of the cumulative effect of all the threats, providing he would not have acted if it had not been for the threat of death or serious injury.
Answer
?
Tags
#crime #defences #law
Question
Must the threat be the sole reason the accused committed the offence? [ case ]FACTS: The accused claimed he had imported cocaine because of death threats and in addition he said he needed the money that he stood to earn as he was under severe financial pressure due to a large debt he owed his bank. Furthermore, he had been threatened with the disclosure of his homosexual propensities. The trial judge told the jury that they should allow the defence only if the threat of death or serious injury was the sole reason for the defendant committing the crime. HELD: The Court of Appeal held that this was a misdirection. The jury were entitled to find the defence where the defendant acted because of the cumulative effect of all the threats, providing he would not have acted if it had not been for the threat of death or serious injury.
Answer
R v Valderrama-Vega [1985] Crim LR 220 (CA)
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R v Valderrama-Vega [1985] Crim LR 220 (CA) FACTS: The accused claimed he had imported cocaine because of death threats and in addition he said he needed the money that he stood to earn as he was under severe financial pressure du
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