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D Is Weak and Fearful and Believes in Threats of Violence

Question 10

Multiple Choice

D is weak and fearful and believes in threats of violence from X unless she robs a bank. Which of the following represents the law in relation to the objective test in duress:


A) Age, sex, pregnancy, physical disability and recognized mental illness may be admissible characteristics but nothing else (Bowen) .
B) It is morally unfair to exclude the weak and fearful from the defence and so these characteristics are admissible.
C) Women should always be granted the defence.
D) The objective test should focus on whether it was reasonable for this particular D with his/her characteristics to have succumbed to the threat.

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