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Duress is a complete defence for most crimes however, duress is not available for the offence of
murder (Howe, 1987) nor for attempted murder (Gotts, 1991). There are two types of duress:
duress by threats, and duress by circumstances. If the defendant employs the defence of…

Page 2

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It has been used mainly as a defence for driving offences where defendants claim to have felt forced
to commit a driving offence due to the circumstances in which they found themselves rather than
because they were threatened to do so.

The defence has been extended to other crimes, e.g.…


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