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All Cases
Criminal Law
House of Lords
2005

R v Hasan

[2005] UKHL 22

Ratio Decidendi

Duress is not available if the defendant voluntarily associated with criminals in circumstances where he ought reasonably to have foreseen compulsion by threats of violence.

Facts

Hasan was a driver for a woman involved in prostitution. Her violent associate allegedly threatened Hasan to commit a burglary. Hasan claimed duress.

Judgment Summary

The House of Lords held that Hasan could not rely on duress because he had voluntarily associated with a violent criminal. The defence of duress must be kept within strict limits.

Key Quotes

"The defence of duress is confined within very narrow limits. It is easy to raise and very difficult to disprove."

Lord Bingham

Subsequent Treatment

Good law

Leading modern authority on the limitations of the duress defence.