However he did also say, obiter:'It is clearly established that duress provides a defence ... if the will of the accused has been overborne by threats of death or serious injury so that the commission of the alleged offence was no longer the voluntary act of the accused. It is essential to the defence of duress that the threat must be a present threat, in the sense that it is effective to neutralise the will of the accused at the time ... a threat of future violence may be so remote as to be insufficient to overpower the will at the moment when the offence was committed ... In the present case the threats were likely to be no less compelling, because their execution could not be effected in the courtroom, if they could be carried out in the streets the same night.'
'It was always open for the Crown to prove that the accused failed to avail himself of some opportunity which was reasonably open to him to render the threat ineffective. In deciding if such an opportunity arose, the jury should have regard to his age and circumstances, and to any risks to him which may be involved in the course of action relied on.'
However he did also say, obiter:'It is clearly established that duress provides a defence ... if the will of the accused has been overborne by threats of death or serious injury so that the commission of the alleged offence was no longer the voluntary act of the accused. It is essential to the defence of duress that the threat must be a present threat, in the sense that it is effective to neutralise the will of the accused at the time ... a threat of future violence may be so remote as to be insufficient to overpower the will at the moment when the offence was committed ... In the present case the threats were likely to be no less compelling, because their execution could not be effected in the courtroom, if they could be carried out in the streets the same night.'
'It was always open for the Crown to prove that the accused failed to avail himself of some opportunity which was reasonably open to him to render the threat ineffective. In deciding if such an opportunity arose, the jury should have regard to his age and circumstances, and to any risks to him which may be involved in the course of action relied on.'
However he did also say, obiter:'It is clearly established that duress provides a defence ... if the will of the accused has been overborne by threats of death or serious injury so that the commission of the alleged offence was no longer the voluntary act of the accused. It is essential to the defence of duress that the threat must be a present threat, in the sense that it is effective to neutralise the will of the accused at the time ... a threat of future violence may be so remote as to be insufficient to overpower the will at the moment when the offence was committed ... In the present case the threats were likely to be no less compelling, because their execution could not be effected in the courtroom, if they could be carried out in the streets the same night.'
'It was always open for the Crown to prove that the accused failed to avail himself of some opportunity which was reasonably open to him to render the threat ineffective. In deciding if such an opportunity arose, the jury should have regard to his age and circumstances, and to any risks to him which may be involved in the course of action relied on.'
| status | not learned | measured difficulty | 37% [default] | last interval [days] | |||
|---|---|---|---|---|---|---|---|
| repetition number in this series | 0 | memorised on | scheduled repetition | ||||
| scheduled repetition interval | last repetition or drill |