CRM 2300 Lecture 18: Lecture 18
18 May 2016
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Document Summary
The defence of duress: this defence is raised where the accused has committed an offence under the threat of death or serious bodily harm by another. Both this defence and the defence of necessity have external influences that influence the person but necessity is from something other than a person and duress would be by another person. In a moral sense the accused acted involuntary. Scc: both defences share many similarities hence they can be understood based on the same juristic principle. The threat made against the accused must be of immediate death or bodily harm. The threat must be uttered by a person who is present when the accused person commits the crime in question. The defence may not be claimed where the accused is a party to a conspiracy. The defence may not be raised in relation to 22 serious crimes. Ruzic charged wit possession of drugs and false passport.
