What is the test for an implicit threat of death?
New Brunswick, Canada
The following excerpt is from R v Morningstar, 2016 NBQB 212 (CanLII):
Given my ultimate conclusion, I will only assume for the sake of completeness that in the situation the accused then found himself there is some evidence that could reasonably bear an inference that the accused perceived an implicit threat of death and reasonably believed it would be carried out. However, even that claim in the circumstances of this case lacks evidence to support a critical feature of the threat requirement legal element. The threat must be “for the purpose of compelling the commission of the offence” (See: R v. Ryan, supra at para. 33).
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