What is the defence of duress?
Nova Scotia, Canada
The following excerpt is from R. v. Stephen, 2008 NSSC 31 (CanLII):
The availability of a safe avenue of escape removes the defence of duress. The reason being is that “if the accused had the chance to take action that would have allowed him or her to avoid committing the offence, it cannot be said that he or she had no real choice when deciding whether or not to break the law”; Hibbert v. The Queen (supra) at p.228.
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