Reasonable response, Reasonable response: D's perception of

Reasonable response

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Reasonable response: D's perception of the threat and his conduct in response are to be assessed objectively-his belief that he is under such a threat must be reasonable and his decision to commit the crime in response must be reasonable; "[A] sober person of reasonable firmness, sharing the characteristics of the defendant, [might] have responded to whatever he reasonably believed [the duressor] said or did by" committing the crime. Graham [1981] That duress can function as an excuse rather than a justification is consistent with it involving an objective assessment of D's response Gardner, "The Gist of Excuses" "On whether D should have objectively or subjectively foreseen the risk that he would be coerced into criminal activity by associating with S: 'But since there is a choice to be made, policy in my view points towards an objective test of what the defendant, placed as he was and knowing what he did, ought reasonably to have foreseen." (element of defence of duress).

Reference no: EM133855466

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