The appellants, members of the Bandidos motorcycle gang, appealed their convictions for multiple counts of first degree murder and manslaughter arising from the execution-style killings of eight fellow gang members.
The central issue on appeal was whether the trial judge erred in ruling that the common law defence of duress was unavailable to persons charged as parties to murder.
The Court of Appeal held that the trial judge erred in law, as the common law defence of duress remains available to parties to murder.
However, the Court dismissed the appeals, finding no substantial wrong or miscarriage of justice because there was no air of reality to the duress defence for any of the appellants on the evidence.
