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Article
Reform of the Defence of Duress (and Necessity)
Articles, Book Chapters, & Popular Press
  • Steve Coughlan, Dalhousie University - Schulich School of Law
  • Gerry Ferguson
  • Don Stuart
  • Benjamin Berger
  • Carissima Mathen
  • Peter Sankoff
Document Type
Article
Publication Date
1-1-2018
Keywords
  • Criminal Law,
  • Procedure,
  • Duress,
  • Legal Defence,
  • Necessity,
  • Reforms
Abstract

This article is divided into two parts. In Part One--by far the longer part--Coughlan et al consider the defence of duress. They consider three primary questions: whether there is a need for two separate versions of the defence, whether a statutory version of the defence should have a list of excluded offences, and how the statutory defence should be phrased. The second part of this article turns to the defence of necessity.

Citation Information
Stephen Coughlan et al, "Reform of the Defence of Duress (and Necessity)" (2018) 66:3 Crim LQ 229.