anglolawyer
Banned
Marital coercion
From the BBC's coverage
I have looked up the defence of 'marital coercion'. It derives from s.47 of the Criminal Justice Act 1925:
From the BBC's coverage
The jury of eight women and four men heard details of email exchanges between Sunday Times political editor Isabel Oakeshott and Ms Pryce from 1 March 2011 as they discussed how to publicise the crime.
Ms Oakeshott told her a "major two-part article" would inflict "maximum and perhaps fatal damage on Chris if you are prepared to be open", Mr Edis told the court.
Chris Huhne admitted perverting the course of justice on Monday
Mr Edis said Ms Oakeshott told her it would fulfil her dual objective - "bringing Chris down without damaging your own reputation in the process".
Ms Pryce responded in email: "I definitely want to nail him. More than ever, I would love to do it soon."
Ms Oakeshott later replied: "The bottom line is that this story will bring Chris down if you are prepared to go on the record, with the minor risk this carries.
"I think you can make yourself out to be very much the honourable one, saying it has very much been on your conscience ever since, saying you knew it was wrong but you were bullied into it."
Mr Edis went on: "Mr Huhne was charged, he did resign, yesterday he pleaded guilty, he's not a cabinet minister any more. The plan worked."
I have looked up the defence of 'marital coercion'. It derives from s.47 of the Criminal Justice Act 1925:
So this shifts the burden of proof onto the wife. She has to prove coercion on a balance of probabilities. It does not need to involve force or threats of force but the wife must prove her will was overborne by the husband's.Any presumption of law that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband is hereby abolished, but on a charge against a wife for any offence other than treason or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.