R v Graham [1982] 1 All ER 801
Judgement for the case R v Graham
Table Of Contents
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).
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Judge asked:
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?
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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