R v Tan Phuong LE (No 3) [2010] NSWDC 37

R v Tan Phuong LE (No 3) [2010] NSWDC 37

The defence of duress should not be left to the jury as no reasonable jury could find that the accused reasonably believed there was no reasonable way to render the threats ineffective or that his conduct was a reasonable response to the threats, given his failure to seek assistance from authorities and the serious illegality of the conduct in question.

Jurisdiction
Australia
Judgment Date
19 March 2010
Procedural Posture
Criminal / Interlocutory Ruling Before Close of Defence Case
Outcome
Application rejected; defence of duress not to be left to the jury.
Legal Topics
['defence of Duress' 'objective Test for Duress' 'onus of Proof' 'failure to Seek Police Assistance' 'necessity Vs Duress' 'interpretation of Commonwealth Criminal Code S 10.2']
['criminal Law'] ['defence of Duress' 'objective Test for Duress' 'onus of Proof' 'failure to Seek Police Assistance' 'necessity Vs Duress' 'interpretation of Commonwealth Criminal Code S 10.2']

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Procedural Posture

Criminal / Interlocutory Ruling Before Close of Defence Case

Legal Issues

  1. 1 ['Whether the evidence is sufficient for the defence of duress to be left to the jury under s 10.2 of the Commonwealth Criminal Code' "What constitutes a 'reasonable belief' that a threat could not be rendered ineffective" "Whether the accused's conduct was a reasonable response to the alleged threat"]

Ratio Decidendi

The defence of duress should not be left to the jury as no reasonable jury could find that the accused reasonably believed there was no reasonable way to render the threats ineffective or that his conduct was a reasonable response to the threats, given his failure to seek assistance from authorities and the serious illegality of the conduct in question.

Court Disposition

Application rejected; defence of duress not to be left to the jury.

Orders

  • ['The defence of duress is not to be left to the jury.']