R v Fitzpatrick
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1977 |
| Date | 01 January 1977 |
| Court | Court of Criminal Appeal (Northern Ireland) |
(C.C.A.)
R
and
Fitzpatrick
Duress - Murder and robbery -Member of terrorist organisation - Whether defence of threat available - Whether attempt to leave the organisation relevant.
If a person by joining an illegal organisation or a similar group of men with criminal objectives and coercive methods, voluntarily exposes himself to illegal compulsion, he cannot rely on the duress to which he has voluntarily exposed himself as an excuse either in respect of the crimes he commits against his will or in respect of his continued but unwilling association with those capable of exercising upon him the duress which he calls in aid.
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12 cases
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R v Hasan (Aytach)
...largely directed to the question whether the defence of duress was open to a defendant charged as a secondary party to murder. It was in R v Fitzpatrick [1977] NI 20, another IRA case, that the Court of Criminal Appeal in Northern Ireland had occasion to consider the matter in depth. The ra......
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R v Howe; R v Bannister; R v Burke; R v Clarkson
...of duress, even on the existing law the ingredients of immediacy and absence of voluntary association (see Reg. v. Fitzpatrick [1977] N.I. 20), must be essential components of the evidential burden more or less on the lines of the draft bill annexed to the Law Commission Report No. 83, to w......
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R. v. Hasan, (2005) 332 N.R. 128 (HL)
...Prosecutor, [1956] 1 W.L.R. 965 (P.C.), refd to. [para. 27]. R. v. Cole, [1994] Crim. L.R. 582, refd to. [para. 27]. R. v. Fitzpatrick, [1977] N.I. 20, refd to. [para. 31]. R. v. Sharp, [1987] Q.B. 853, refd to. [para. 32]. R. v. Shepherd (1987), 86 Cr. App. Rep. 47, refd to. [para. 32]. R.......
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R. v. Logan, Logan and Johnson, (1988) 30 O.A.C. 321 (CA)
...11 N.R. 451, refd to. [para. 80]. R. v. Mena (1987), 20 O.A.C. 50; 57 C.R.(3d) 172 (C.A.), dist. [paras. 80, 82, 83]. R. v. Fitzpatrick, [1977] N.I. 20 (C.C.A.), refd to. [para. 88]. R. v. Ma, Ho and Lai (1978), 44 C.C.C.(2d) 537, refd to. [para. 104]. R. v. Young (1981), 64 C.C.C.(2d) 13, ......
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