Hasan was the driver and minder for a call girl who ran an escort agency. Her boyfriend had a reputation for being a violent man and a drug dealer. Hasan was charged with burglary and argued that he had been forced to commit the crime by the boyfriend because he and his family had been threatened with harm. Hasan believed that the boyfriend had committed murder and was fearful of him. On the evening of the burglary, Hasan was accompanied by an associate of the boyfriend, whom he described as a ‘lunatic yardie’.
The case concerned the availability of the defence of duress by threats (Graham test 1982) and specifically the meaning of the term ‘immediate’, the implications of the opportunity to seek assistance or escape from the threat, and the limitations of the defence regarding those who voluntarily associate with criminals.
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