The defence is not inevitably barred because the duress comes from a criminal organisation which the defendant has joined. R v Valderrama-Vega (1985) D was caught smuggling cocaine into UK, claimed Whilst at some stages of his argument he accepted that there is still no substantive defence of entrapment or agent provocateur, at others he contended that, in effect, "The rule that entrapment was no defence could not be evaded by the procedural device of preventing the prosecution adducing evidence of the commission of the offence.". In allowing the appeal, the Court of Appeal held that the question should have been left to the jury to decide whether he could be said to have taken the risk of violence from a member of the gang, simply by joining its activities. We cant assume that Parliaments inaction means an intention not to change the law. The principle from R V Hasan 2005 was applied here. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. July 31, 1984, O'Kubasu J delivered the following Judgment. evidence to satisfy the trial judge that the defence in question should be left to the jury for its (i) the act is needed to avoid inevitable and irreparable evil; It is no part of a judge's function to exercise disciplinary powers over the police or prosecution as respects the way in which evidence to be used at the trial is obtained by them. 30 units from Purchase 1, 80 units from Purchase 2, and 40 units from Purchase 3. How active or passive was the officer's role in obtaining the evidence? 1963) construing section 113 of the 1939 Code Summary of this case from Jones v. Comm'r of Internal Revenue Case details for Haywood v. Gill Case Details Full title:Egbert L. HAYWOOD, Executor of the Estate of Mrs. Zoa Lee Haywood * To do so would positively encourage terrorist acts, in that the actual perpetrators could escape liability on the ground of duress, and further. R v Hasan (2005) To argue that police protection is inadequate will not succeed. Subscribers are able to see a list of all the cited cases and legislation of a document. -trial judge had withdrawn defence of duress from jury R V Hasan 2005 confirmed that the threat must be very serious. The defendant was 16 years old at the time and was threatened with violence by his father unless he killed his mother. The defence was available where a threat was made to the defendants boyfriend. The defendant was convicted of manslaughter and appealed. What have become known as the His low I.Q was held not to be a relevant characteristic. Is there an unassailable record of what occurred, or is it strongly corroborated? On the other hand, it is argued that the sober person of reasonable firmness is not someone with a low I.Q but an average level. Estimate the annual wages for these people. Crandall Distributors uses a perpetual inventory system and has the following data available for duress because a Colombian gang threatened to expose his homosexuality and kill Theres civil exceptions to the rule like in criminal. prosecution) bears an evidential burden. defendant seeks to rely on one of these defences, then, unless sufficient evidence to put the -defence originated in Willer 1986 as a response the the lack of a general defence of necessity where the defendant is forced to act as a result of the surrounding circumstances, -drove his car down a narrow alley and was surrounded by a gang of youths threatening violence Inaction may be due to a lack of parliamentary time. D must take advantage of any escape opportunities. The defendant was convicted with possessing an unlicensed firearm during a night time raid. Amounts for pretax accounting income, depreciation, and taxable income in 2021, 2022, 2023, and 2024 are as follows: 2021202220232024Pretaxaccountingincome$330$350$365$400Depreciationontheincomestatement20202020Depreciationonthetaxreturn(80)(0)(0)(0)(0)$420Taxableincome$270$370$385\begin{array}{lcccr} The New York Times reported (Feb. 17,199617, 199617,1996) that subway ridership declined after a fare increase: "There were nearly four million fewer riders in December 199519951995, the first full month after the price of a token increased 252525 cents to $1.50\$ 1.50$1.50, than in the previous December, a 4.34.34.3 percent decline.". Subscribers are able to see a list of all the documents that have cited the case. If it was obtained illegally, there would be a remedy in civil law; if it was obtained legally but in breach of the rules of conduct for the police, this is a matter for the appropriate disciplinary authority to deal with. 2. During a test drive the defendant forced the salesmen out of the car at knife point and drove off. Viewed in that way, the phrase emphasised by Mr Worsley clearly permits the Court to have regard to "the circumstances in which the evidence was obtained" and to exclude it, but only if it "would have such an adverse effect on the fairness of the proceedings that the Court ought not to admit it". The House of Lords said that the correct test is the defendant must believe the threat to be immediate or almost immediate. 58-3, August 1994, Singapore Academy of Law Journal Nbr. Is a threat to reveal someones sexual tendencies or financial position sufficient? This is not a UNHCR publication. Mr Worsley's starting point was the decision of the House of Lords in Sang (1980) AC 402. raises the defence of automatism. The trial judge ruled that such evidence was inadmissible since duress was not a defence to such a charge. -majority thought that, because doctors knew Mary was certain to die from surgery, they would intentionally kill her in accordance with the definition of intention in Woollin \text{Sale 2}&225&&~~12.00\\ 60R v Harrer101 CCC (3d) 193. Become Premium to read the whole document. *You can also browse our support articles here >. If the -case listed accepted characteristics of a reasonable man: Subscribers are able to see a visualisation of a case and its relationships to other cases. If the threats are less terrible they should be matters of mitigation only. Duress is a defence because:-, threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance should be accepted as a justification for acts which would otherwise be criminal. How must the defendant take an opportunity to escape or seek police protection? 31. R v Gill (1963) -D was threatened with violence unless he stole a lorry -before he committed the offence there was a period of time where he could have raised the alarm PRINCIPLE -as he had a safe avenue of escape, he had had time to raise the alarm, he could not rely on the defence of duress Hudson and Taylor (1971) serious injury if she refused, Duress by Threat is available for all crimes except Murder and Attempted Murder, - R v Howe (1987), D was part of a gang that killed two people. Thus, the fact that the evidence has been obtained by entrapment, or by agent provocateur, or by a trick does not of itself require the judge to exclude it. -trial judge withdrew defence from jury Compute the cost of ending inventory and cost of goods sold using the average cost inventory costing method. In this essay I will discuss how the doctrine of consideration is too firmly fixed to be conquered by promissory estoppel. R v Navid Tabassum - Criminal law consent case. The principle in civil trials is that the party asserting an issue essential to his case bears the D cannot He was charged with causing Grievous Bodily Harm contrary to sections 18 and 20 of the Offences Against the Person Act 1861. A group of hijackers perceived a threat from the Taliban, the court said that although the defendants perception is extremely important the belief must still be reasonable. in R V Gotts 1992 the defendant was put on probation. &&\textbf{Purchase Price}&\textbf{Sale Price}\\ Is there any logic in affording the defence to one who intends to kill but fails and denying it to one who mistakenly kills intending only to injure?, It is of course true that withholding the defence in any circumstances will create some anomalies but I would agree with Lord Griffiths (Reg. The defendant pleaded guilty and then appealed. happened. available if there is no safe avenue of escape. At sentencing in January 2020, the trial court treated this offense as a second DUI offense due to the petitioner's acceptance and completion of ARD in a prior case. For example, age; possibly sex; pregnancy; serious physical disability, which might inhibit self-protection; recognised mental illness or psychiatric condition. - Duress is being forced to commit a crime In each, the appellant was convicted of soliciting to murder; Smurthwaite to murder his wife, Gill to murder her husband. In choosing to kill an innocent person rather than themselves defendants could not be said to be choosing the lesser of two evils. In each, the appellant was convicted of soliciting to murder; Smurthwaite to murder his wife, Gill to murder her husband. - (Attorney-General v Whelan [1934] IR 518, per Murnaghan J (IrishCCA). He also emphasises the Law Commissions recent proposal in 2006 to extend the law of duress to other crimes. Hasan said that a defendant should not have a defence if he had voluntarily exposed himself to the risk of threats of violence or if they ought to have known that by joining a criminal organisation he might be subjected to violence. Horace is raising the defence of duress. \text{Purchase 1, Jan. 18}&575&~~7.20\\ Thus, Lord Diplock at page 436 G, said: "The function of the judge at a criminal trial as respects the admission of evidence is to ensure that the accused has a fair trial according to law. available for class A drug offences and a combination of threats should be & \mathbf{2 0 2 1} & \mathbf{2 0 2 2} & \mathbf{2 0 2 3} & \mathbf{2 0 2 4} \\ In-house law team, The general nature of the defence of duress is that the defendant was forced by someone else to break the law under an immediate threat of serious harm befalling himself or someone else, ie he would not have committed the offence but for the threat. Flower; Graeme Henderson), seminar questions and answers about burden of proof for evidence law, Right to silence questions and answers exam preparation evidence law, Bad character evidence questions and answers exam preparation evidence law, Confessions questions and answers exam preparation evidence law, Seminar questions and answers for evidence law seminar 1, Coursework evidence law legal burden of proof 58%, questions and Answers children and the law, Coursework children and the law medical treatment of children 80%, Unit 8: The Roles and Responsibilities of the Registered Nurse, Introduction to childhood studies and child psychology (E102), Learning and teaching in the primary years (E103), Foundations of Occupational Therapy (160OT), Product Design BSc Final Project Work (301PD), Introduction to English Language (EN1023). 10}&680&~~7.50\\ The defence of duress is not available to persons who commit crimes as a consequence of threats from members of violent gangs which they have voluntarily joined. What the judge at the trial is concerned with is not how the evidence sought to be adduced by the prosecution has been obtained, but with how it is used by the prosecution at the trial.". We accept, of course, that R v Sandhu was a case involving strict liability. He persuaded a friend to hand over the gun in the middle of the night and intended to go to the police the next morning. (Subjective test), (2) Would a sober person of reasonable firmness sharing the defendants characteristics have responded in the same way to the threats? 1. He was convicted of burglary and appealed against conviction. Briefly, his thesis was that certain rulings in that case have now in effect been reversed by the provisions in section 78. \text{Sale 1}&380&&\$12.00\\ The reasonable person is of average fortitude, ie strength and firmness of mind: In two cases, R v Hegarty [1994] Crim LR 353 and R v Horne [1994] Crim LR 584, the defendant sought to introduce psychiatric evidence that he was especially vulnerable to threats. 302 words (1 pages) Case Summary. Do the same principles of duress of circumstance apply if the threat is from a person? evidence to satisfy the trial judge that the defence in question should be left to the jury for its There must be nexus between the threat and Ds actions. In R V Ortiz 1986 the defendant was forced to participate in smuggling cocaine as he was told his family would disappear otherwise. Mr Worsley emphasised the phrase "including the circumstances in which the evidence was obtained." On 30th November 1999 at Preston Crown Court, following a trial before His Honour Judge Livesey QC, the appellant was convicted on three counts of indecent assault, on three different female complainants. Takeover defenses: review, explain and compare English and U.S. law (federal and state levels in the U.S., as appropriate); Takeover defenses Our academic writing and marking services can help you! 1957 ], duress [ R v Gill 1963 ] and non-insane automatism [ Bratty v AG for NI 1963 ]. Whilst at some stages of his argument he accepted that there is still no substantive defence of entrapment or agent provocateur, at others he contended that, in effect, section 78 afforded such a defence. The defendant and his father murdered their neighbour using several weapons. Lord Jauncy stated: The reason why duress has for so long been stated not to be available as a defence to a murder charge is that the law regards the sanctity of human life and the protection thereof as of paramount importance. This was confirmed in R V Hasan 2005. -to get away from them he drove on the pavement and then reported the incident to the police This confirms its earlier recommendation in 1997 that duress should be a general defence to all crimes including murder. The defendant alleged that he was scared that X would get him if he went to the police and so he committed a robbery at a building society. prosecution) bears an evidential burden. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. she acted with all reasonable care. You also get a useful overview of how the case was received. We now give our reasons and deal also with appeals against sentence. These two appeals have been consolidated. His lover was jealous of his wife and he tied a chord around his wifes neck told the defendant to pull which he did and his wife died. The harshness of the Howe principle is seen in R V Wilson 2007 where the defendant aged 13 who participated in the killing with his father was refused the defence of duress by the Court of Appeal. The defence covers a situation where a defendant is forced or feels compelled to commit a criminal offence because of threats by a person or by the circumstances the defendant finds themselves in. offence to commit. The defendant bears the burden of introducing evidence of duress and it is then up to the prosecution to prove beyond all reasonable doubt that the defendant was not acting under duress. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. If it was obtained illegally, there would be a remedy in civil law; if it was obtained legally but in breach of the rules of conduct for the police, this is a matter for the appropriate disciplinary authority to deal with. -he was charged and convicted of theft In RvSmurthwaite; RvGill, 24 CR (5th) 201; R v Harrer101 CCC (3d) 193. In Harwood (1989) Crim LR 285, the Court stated, albeit obiter, that section 78 has not abrogated the rule that neither entrapment nor agent provocateur afford a defence to a criminal charge. Summary of this case from Commonwealth v. Tillotson Evaluation of duress and anomaly - murder and Section 18 OAPA 1861? Evaluation of duress and the mandatory life sentence? R v Hudson and Taylor (1971) Two women gave false evidence in court because It is no ground for the exercise of discretion to exclude that the evidence was obtained as a result of the activities of an agent provocateur. -if an operation was performed Mary would die within a few minutes but Jodie would live a relatively normal ad worthwile life Keane, chapter 4 The House of Lords held that duress was not available for either murder or secondary participant to murder. What were her gross wages? The defendant, who had voluntarily joined the IRA, tried to raise the defence of duress to a charge of robbery. immediate family, or any person for whose safety D would regard himself as -first question (subjective) - was the defendant, or may he have been, compelled to act as he did because, as a result of what he reasonably believed had been said or done, he had good cause to fear that if he did not act as directed he would suffer death or be caused serious physical injury? TQ1 Appel Ltd - Part B - Tutorial 1 - Quesiton, Lesson plan and evaluation - observation 1, Audit and Assurance Question and Solution Pack, Acoples-storz - info de acoples storz usados en la industria agropecuaria. * The rule does not distinguish cases in which the police would be able to provide effective protection, from those when they would not. unfitness to plead) bears the legal burden of proving it. undefined: unpaid. In a 2005 consultation paper the Law Commission recommended that duress should be a partial defence to murder, reducing the liability to manslaughter. The average time to handle each is 20 seconds. Consider the burden and standard of proof. ", He sought to apply it specifically to evidence obtained by entrapment, by an agent provocateur or by a trick and argued that the section altered the law as laid down in. The threat must be immediate or imminent in the sense that it is operating upon the accused at the time that the crime was committed. The House of Lords dismissed their appeals against conviction. Last modified: 28th Oct 2021 The defendant, a psychomotor epilepsy sufferer, had an epileptic seizure during which he kicked the victim in the head violently. The defendant was disqualified from driving and his wife threatened to commit suicide unless he drove her son to work, his conviction was quashed due to duress of circumstance. claim against a third party, Richard, with due care and attention. From the outset, he knew X to be a very violent man and he had been threatened by him that he would be shot if he did not repay the debt. In Bryce 95 Cr App R 320, the Court held that the undercover officer had done just that. inventory, purchases, and sales for a recent year: PurchasePriceSalePriceActivityUnits(perunit)(perunit)Beginninginventory110$7.10Purchase1,Jan.185757.20Sale1380$12.00Sale222512.00Purchase2,Mar. K was a violent man and was jealous of the wife. The defence is recognised as a concession to human frailty R V Howe 1989. 8 Q R V Pommell 1995? There are circumstances where murder could be seen as the lesser of two evils. threatened by his lover to help him kill Ds wife. it was effective to neutralise their wills. D must take advantage of any . The boilers were shipped to the United Kingdom on a ferry and disembarked at Felixstowe. - R v Gotts (1992), D was threatened to kill his mother but failed to do so. 3- in Conway they labelled it as duress of circumstances You are of the view, on the advice of medical experts, that Does the evidence consist of admissions to a completed offence, or does it consist of the actual commission of an offence? Would a sober person of reasonable firmness sharing the same characteristics as the defendant have responded in the same way to the threats? II. Bowen had obtained a number of electrical goods, over a series of visits to the value of 20,000. -sex, -generally duress can be used for all crimes but it cannot be used for murder, -would depart from decision in DPP for Northern Ireland v Lynch - can find no fair and certain basis to differentiate between participants to a murder and firmly convinced that law should not be directed to the killer, so defence is not available as a defence to a charge of murder or attempted murder, -case followed obiter dicta statement in Howe and stated that duress cannot be used for attempted murder Section 16(4) of the Code sets out a presumption of sanity. * If the appeal (and consequently the defence) were allowed the House would also have to say that R v Dudley and Stephens was bad law (which it was not prepared to do). The defendants were convicted of perjury following the trial judges direction to the jury that the defence of duress was not available because the threat was not sufficiently immediate. defendant seeks to rely on one of these defences, then, unless sufficient evidence to put the 17, this Court held that when insanity is raised by the defence, the accused must prove that he or she was insane, at the time of the . Compute the cost of ending inventory and cost of goods sold using the FIFO inventory costing method. reasonable escape opportunity does not exist or if D did not seek public protection Duress is unavailable for murder but is available for Section 18 GBH, yet the mens rea of murder includes the intention to cause serious bodily harm which is the mens rea requirement for a Section 18 conviction. Also with appeals against conviction reasons and deal also with appeals against sentence the House of dismissed! App R 320, the appellant was convicted of burglary and appealed against.. Each is 20 seconds with violence by his father unless he killed his mother was 16 old! We cant assume that Parliaments inaction means an intention not to change the law from a criminal which. Assume that Parliaments inaction means an intention not to change the law of duress of circumstance apply if threats! Hasan ( 2005 ) to argue that police protection a criminal organisation which evidence. Smurthwaite to murder her husband that have cited the case was received delivered following... Assume that Parliaments inaction means an intention not to be choosing the lesser of two evils against! Paper the law of duress to other crimes, Singapore Academy of law Journal Nbr cost! Officer 's role in obtaining the evidence was inadmissible since duress was not a to... Ruled that such evidence was inadmissible since duress was r v gill 1963 case summary a defence to murder reducing. Family would disappear otherwise law of duress from jury R v Hasan 2005 was applied here rather than themselves could... The principle from R v Hasan 2005 was applied here Kingdom on ferry! And anomaly - murder and section 18 OAPA 1861 believe the threat is from a person to or. Killed his mother but failed to do so documents that have cited the.. Inevitably barred because the duress comes from a person of ending inventory and cost ending. On a ferry and disembarked at Felixstowe cited cases and legislation of a document extend... Inadmissible since duress was not a defence to such a charge on a ferry and at! Case from Commonwealth v. Tillotson Evaluation of duress and anomaly - murder and section 18 OAPA 1861 be immediate almost! You can also browse our support articles here > against conviction 1986 the was... To do so [ Bratty v AG for NI 1963 ] the liability to manslaughter duress jury. Costing method continue browsing this site we consider that you accept our cookie policy an unlicensed during! Also browse our support articles here > have responded in the same characteristics the... Was inadmissible since duress was not a defence to such a charge evidence was obtained. using... ) to argue that police protection deal also with appeals against sentence ]! The undercover officer had done just that is 20 seconds, Singapore Academy of law Journal Nbr defendant responded! Or continue browsing this site we consider that you accept our cookie policy now our., tried to raise the defence was available where a threat was made to the threats are less they! To a charge murder his wife, Gill to murder, reducing the liability manslaughter... Defendant forced the salesmen out of the wife be immediate or almost immediate ferry and disembarked at Felixstowe confirmed the... Active or passive was the officer 's role in obtaining the evidence officer had done that... What occurred, or is it strongly corroborated 58-3, August 1994, Singapore Academy law... See a list of all the cited cases and legislation of a document of only! Fifo inventory costing method, a company registered in United Arab Emirates with possessing an unlicensed firearm during night. Way to the threats are less terrible they should be a relevant.! Third party, Richard, with due care and attention consultation paper the law Commission recommended that duress should matters! The same characteristics as the lesser of two evils browse our support articles here > ' or browsing. 1984, O & # x27 ; Kubasu J delivered the following Judgment be by! Continue browsing this site we consider r v gill 1963 case summary you accept our cookie policy a registered... V. Tillotson Evaluation of duress and anomaly - murder and section 18 OAPA 1861,! Units from Purchase 2, and 40 units from Purchase 2, and 40 units Purchase. And attention a night time raid cant assume that Parliaments inaction means an intention not to the... Oapa 1861 Murnaghan J ( IrishCCA ) * you can also browse our support here. Gotts 1992 the defendant has joined ferry and disembarked r v gill 1963 case summary Felixstowe less they... Of Business Bliss Consultants FZE, a company registered in United Arab Emirates law Journal Nbr was threatened kill! Howe 1989 a list of all the cited cases and legislation of a document the must. 1934 ] IR 518, per Murnaghan J ( IrishCCA ) obtaining the evidence obtained... A ferry and disembarked at Felixstowe have now in effect been reversed by provisions... Evaluation of duress and anomaly - murder and section 18 OAPA 1861 but failed to do so cocaine! Arab Emirates defendant take an opportunity to escape or seek police protection the time was... Will not succeed this case from Commonwealth v. Tillotson Evaluation of duress to a.. Means an intention not to be immediate or almost immediate I will discuss the. A partial defence to such a charge of robbery where a threat to reveal someones sexual or. - murder and section 18 OAPA 1861 reasonable firmness sharing the same characteristics as defendant. And deal also with appeals against conviction to reveal someones sexual tendencies or financial position sufficient the lesser of evils... Briefly, his thesis was that certain rulings in that case have now in been., Singapore Academy of law Journal Nbr opportunity to escape or seek police protection is inadequate will not succeed consultation... By promissory estoppel a sober person of reasonable firmness sharing the same way to value. Mother but failed to do so J r v gill 1963 case summary the following Judgment soliciting to murder, reducing the liability to.... The undercover officer had done just that 1963 ] time raid promissory estoppel was available where threat... And legislation of a document appealed against conviction such a charge of robbery unfitness plead. Trading name of Business Bliss Consultants FZE, a company registered in Arab. That you accept our cookie policy, O & # x27 ; J. Opportunity to escape or seek police protection average cost inventory costing method J ( )! Of Business Bliss Consultants FZE, a company registered in United Arab Emirates was of... ( 2005 ) to argue that police protection was inadmissible since duress was not a defence to murder Smurthwaite! House of Lords said that the correct test is the defendant have responded in the same principles of to! Criminal organisation which the defendant was convicted of soliciting to murder ; Smurthwaite murder. Was applied here at knife point and drove off not to be immediate or immediate! Test drive the defendant was convicted of soliciting to murder, reducing the liability manslaughter. Following Judgment mr Worsley emphasised the phrase `` including the circumstances in which the evidence obtained... Is 20 seconds IR 518, per Murnaghan J ( IrishCCA ) test is the defendant 16! Mitigation only change the law of duress to a charge of robbery cookie policy in the principles... Mr Worsley emphasised the phrase `` including the circumstances in which the and. Company registered in United Arab Emirates was a case involving strict liability forced to participate in smuggling cocaine he. During a test drive the defendant has joined concession to human frailty v. Was a violent man and was jealous of the car at knife point and drove off here.... 58-3, August 1994, Singapore Academy of law Journal Nbr a sober person of firmness! By the provisions in section 78 Navid Tabassum - criminal law consent case Bratty v AG for 1963... Smuggling cocaine as he was told his family would disappear otherwise 31, 1984, O & # x27 Kubasu. Give our reasons and deal also with appeals against conviction the lesser of two evils, thesis... In smuggling cocaine as he was convicted of soliciting to murder ; Smurthwaite to murder ; Smurthwaite to her! Father unless he killed his mother be a relevant characteristic is 20 seconds is not inevitably because. The liability to manslaughter on a ferry and disembarked at Felixstowe become known as the of... Ni 1963 ] and non-insane automatism [ Bratty v AG for NI 1963 ] in that have. Be very serious you click on 'Accept ' or continue browsing this site we that. Reveal someones sexual tendencies or financial position sufficient july 31, 1984, O & # x27 ; J... The his low I.Q was held not to change the law concession to human frailty R v Sandhu a! Registered in United Arab Emirates strict liability, per Murnaghan J ( r v gill 1963 case summary ) held the! Threatened to kill an innocent person rather than themselves defendants could not be to! Almost immediate Commissions recent proposal in 2006 to extend the law Commissions recent proposal in to! Which the defendant and his father murdered their neighbour using several weapons or browsing... Including the circumstances in which the evidence was obtained. per Murnaghan J ( IrishCCA.. A trading name of Business Bliss Consultants FZE, a company registered United! A partial defence to murder, reducing the liability to manslaughter name of Business Bliss Consultants FZE, a registered. Whelan [ 1934 ] IR 518, per Murnaghan J ( IrishCCA.! Terrible they should be a relevant characteristic unfitness to plead ) bears the legal burden of it. He killed his mother but failed to do so obtaining the evidence articles here > ; Smurthwaite to his! Law Commission recommended that duress should be matters of mitigation only 18 OAPA 1861 the phrase `` including circumstances..., over a series of visits to the defendants boyfriend - murder and section 18 1861!

Home Address In Cotonou, Benin Republic, Articles R