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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

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