Lesson Plan XVII: Duress

Question 1

What is the significance of R v Ruzic?

Answer 1

Key Facts: Girl had heroin strapped to her at airport, said they threatened her mother if she didn’t do it.

Ratio:
- Where the court figured out to do with duress.
- no IMMEDIACY –> her & mother were across the world from the threat

Question 2

History of the Duress defence?

Question 3

What is the importance of R v Li, Chen, and Liu?

Answer 3

Key Facts: Home invasion by 4 people, tied up/kidnapped residents.

Ratio: An example of Duress failing due to being involved in a criminal organization.

Question 4

What is the significance of R v Ryan?

Answer 4

Key Facts: Abused wife counselled another person to kill husband. Husband had threatened to kill her before/long-term spousal abuse.

Ratio:
- Not duress –> self-defence if anything

Question 5

What is the importance of R v Aravena, et al?

Answer 5

Key facts: Gang-related execution killings. Some were parties, not perpetrators. Threatening to kill members if they talked.

Ratio: Common law defence of Duress IS available for people charged as parties to murder (aiders/abettors). Not in this case, though due to criminal org.