R v Z (Hasan) [2005] UKHL 22
Judgement for the case R v Z (Hasan)
Table Of Contents
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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