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Slide 2

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The Case...
· Defendants Shiite Muslims fled to Sudan
from Iraq.
· Due to the risk of punishment and
execution through their religion.
· They hijacked a plane because of the fear
they would be sent back to Iraq.
· The plane eventually landed in the UK.
· D's were charged with hijacking, they
claimed duress.…read more

Slide 3

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The facts...
· The trial judge decided the danger they
were in was not sufficiently "close and
immediate" as to give rise to a "virtually
spontaneous reaction".
· He ruled the defence of duress was not to
be considered by the jury.
· D's were convicted but appealed...…read more

Slide 4

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The Appeal...
· The COA quashed their convictions holding that
the threat need not be immediate but it had to be
imminent in the sense that it had to be hanging
over them.
· They ruled that:
· There must be imminent peril of death or serious
· The peril must operate on the defendants mind
at the time of the act.
· Execution of the threat need not be immediate in
prospect.…read more


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