Heath, R v [1999] EWCA Crim 1526 (25 May 1999)

Heath, R v [1999] EWCA Crim 1526 (25 May 1999)

There is sufficient uncertainty in the law and facts regarding the availability of the defence of duress and whether the issue should have been left to the jury, justifying leave to appeal.

Citation
[1999] EWCA Crim 1526
Parties
Applicant: Mr Patrick Heath; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
25 May 1999
Procedural Posture
Criminal / Renewed Application for Leave to Appeal
Outcome
leave to appeal granted
Legal Topics
Duress, Drug Offences, Judicial Directions
Criminal Law Duress Drug Offences Judicial Directions

Case Brief

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Parties

Mr Patrick Heath

Applicant

Crown

Respondent

Procedural Posture

Criminal / Renewed Application for Leave to Appeal

Legal Issues

  1. 1 Whether the defence of duress was available to the applicant on the evidence
  2. 2 Whether the judge was correct to rule on the availability of the defence or should have left it to the jury

Ratio Decidendi

There is sufficient uncertainty in the law and facts regarding the availability of the defence of duress and whether the issue should have been left to the jury, justifying leave to appeal.

Court Disposition

leave to appeal granted

Orders

  • Legal aid granted for the application and extended for the appeal hearing (counsel only)