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R v Abdul-Hussain

[1999] Crim LR 570

Case summary last updated at 13/01/2020 14:34 by the Oxbridge Notes in-house law team.

Judgement for the case R v Abdul-Hussain

 Ds, Shia Muslims, had fled Iraq to Sudan and tried to get to Europe, but had their passports confiscated and were threatened with being deported to Iraq, where they would be tortured or killed. They hijacked a plane to try and get to Europe. CA quashed their convictions since this was a genuine case of duress and duress was a defence to all cases except murder, attempted murder and treason. However, the CA recognised that the law was v uncertain and required a statute urgently since the evolution of the law on a case by case basis made for severe legal uncertainty. 

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