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R v Z (Hasan)

[2005] UKHL 22

Case summary last updated at 13/01/2020 14:35 by the Oxbridge Notes in-house law team.

Judgement for the case R v Z (Hasan)

D 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 D 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 D must relate to a threat of death or serious violence. The threat must be directed against D, 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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