The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Monday, September 21, 2009

A Big Boy Made Me Do It , Miss

I refreshed my memory on the defence of duress the other day - it's not something you see every week, or even every year.
Our man was bang to rights for theft, as the CCTV showed the act in full detail, and he had no choice but to admit it. His story was that some nasty men had agreed not to duff him up for a drug debt if he popped into Tescos and nicked a few bottles of premium quality spirits to the tune of about £100. It was his lucky day, as he had a nice big holdall with him, and by pure chance he also had some kitchen foil that was just perfect to wrap round the security tags so as not to set off the alarms at the exit.
I can't say too much, but the CPS prosecutor dismantled his story clinically, and we found him guilty. That's when we were shown his 23 previous convictions.