FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 975 times | Saved to 298 briefcases
R v Carker, [1967] SCR 114


Is the defence of duress a negation of MR or is it only applied after the Crown has proven the crime?


Duress is just an excuse – it does not negate MR


Requirements for defence of duress: a) immediate threat b) immediate grievous bodily harm or death.
**Immediacy requirement means that the threat will be immediately carried out not at some future time
The MR is willfully for the defence of duress – willfully means intent and intent does not include ulterior motives

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.