What is the defence of necessity and duress?
Nova Scotia, Canada
The following excerpt is from R. v. Stephen, 2008 NSSC 31 (CanLII):
Duress is a particular application of the defence of necessity. It is, like necessity, an excuse based defence. It is not, as is self-defence, a justification. Self-defence, necessity and duress however all arise under circumstances when a person is subjected to an external danger and commits an act that would otherwise be criminal as a way of avoiding the harm the danger presents: Hibbert v. The Queen (1995), 1995 CanLII 110 (SCC), 99 C.C.C. (3d) 193 (S.C.C.) at p.220.
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