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Length: 652 words
Threats from a third party- defense of duress per minas is a factor which has been considered for many years as a law. If a person is forced into committing a criminal act by a third party or having to face threats by the third party, threats which include harm or death and selects the option of committing the crime, he/she is excused for having committed the crime.
Even though the defendant is not liable to have to prove the duress, he/she needs to come up with enough evidence in order to prove to the jury that he was forced and the evidence must be sufficient enough for the jury to arrive at a decision. Disproving this accusation is in the hands of the prosecution. The standard test for duress was first laid out in a case in 1982 (R v Graham). This test was used in the case as it was believed that an objective element should be present and be a part of the requirement of the defense in order for the jury to decide whether or not the threat given to the defendant was one which the defendant could not have ignored. The final consideration which is kept into…
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