Duress by Indirect Circumstances in English and South African Law: A Comparison – R v Brandford [2017] 2 All ER 43; [2016] EWCA Crim 1794

Authors

  • Samantha Goosen

DOI:

https://doi.org/10.17159/obiter.v41i4.10499

Keywords:

duress, indirect threats, direct threats, defence in criminal law

Abstract

While duress by means of direct threats can provide a defence in criminal law, the legal question is whether threats conveyed indirectly are capable of providing a valid defence in criminal law. More specifically, can indirect threats then also be used as a means of defending another party’s interests that are under attack? There appears to be both academic support and precedent to answer this question in the affirmative. 

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Published

25-03-2021

Issue

Vol. 41 No. 4 (2020)

Section

Cases

License

Copyright (c) 2021 Samantha Goosen

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Duress by Indirect Circumstances in English and South African Law: A Comparison – R v Brandford [2017] 2 All ER 43; [2016] EWCA Crim 1794. (2021). Obiter, 41(4), 974-987. https://doi.org/10.17159/obiter.v41i4.10499