Open AccessDuress by Indirect Circumstances in English and South African Law: A Comparison – R v Brandford [2017] 2 All ER 43; [2016] EWCA Crim 1794
Author(s) -
Samantha Goosen
Publication year - 2021
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v41i4.10499
Subject(s) - law , criminal law , political science , criminology , sociology
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.