What is the legal test for determining whether there is duress under duress and necessity?
Nova Scotia, Canada
The following excerpt is from R. v. Stephen, 2008 NSSC 31 (CanLII):
The distinction between duress and necessity is that duress arises from the wrongful threats or violence of another human being and necessity arises from any other objective danger threatening the accused: Hibbert v. The Queen (supra) at p.221.
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