proving guilt 3

Question 1

defence 1 = duress

Answer 1

A threat of harm would be carried out unless they committed the crime

Committing the crime was the only way to avoid the threatened harm

The accused’s conduct was a reasonable response to the threat

Question 2

defence 2 = sudden or extradionary emergency

Answer 2

There was a sudden or extraordinary emergency

Their actions were the only way of dealing with the situation

The accused’s conduct was a reasonable response to the threat

Question 3

defence 3 = automatism

Answer 3

A common law defence — rare and hard to prove
Used when the accused had total loss of control over their body and acted involuntarily.