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