“Voluntary participation in violent gangs precludes duress defense for subsequent crimes.”
Sharp joined a gang knowing of their violent propensities. When he later wanted to withdraw, the gang threatened him with violence unless he participated in armed robbery. Sharp claimed duress as a defense.
Whether a defendant who voluntarily associates with a violent gang can rely on duress when threatened by gang members to commit further crimes.
The Court of Appeal held that Sharp could not rely on duress. His voluntary association with a violent gang precluded the defense.
This case establishes an important limitation on the duress defense, preventing criminals from benefiting from pressures arising from their voluntary criminal associations. It balances individual culpability with criminal policy concerns.
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OSCOLA Citation
R v Sharp [1987] QB 853 (CA)
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