15 Mar 2021
HKSAR v. QUINTERO BERNAL DIEGO-JHOVANNY AND ANOTHER
- Citation
- [2021] HKCFI 2515
- Court
- Court of First Instance
- Case number
- HCCC301/2019
For duress by threats to be left to the jury there must be some evidence of each element: existence or reasonable perception of a threat of death or really serious injury directed at the defendant or someone for whom he is responsible; a genuine and reasonable belief of imminent or almost immediate harm; causation between threats and criminal conduct; lack of reasonable opportunity to escape; and absence of voluntary exposure to the risk. On the facts as presented, there is prima facie evidence of threats and causation but material deficiencies on immediacy, evasive action and voluntary parti…