Duress is a legal defense in criminal law that allows an individual to argue that they committed a criminal act under the compulsion of threats, violence, or other coercive actions by another person. In essence, it implies that the defendant had no real choice but to commit the unlawful act due to the external pressure or fear of harm.

How Duress Applies in Criminal Cases

The duress defense can apply to various criminal cases, such as robbery or even acts of violence, when the accused can prove that they acted under the genuine fear of harm or violence from another party. The defense can be raised in situations where the accused had no real choice but to commit the crime.

Duress in Ontario Law

In Ontario, the duress defense is recognized as a valid legal defense in certain cases. However, it’s essential to note that the burden of proof lies with the accused. To successfully use the duress defense, the accused must demonstrate that they acted under duress, and their actions were a direct result of the threat or coercion they faced.

Additionally, the defense’s success may depend on the specifics of the case, the credibility of the evidence, and whether the court believes that the duress was significant and immediate enough to justify the defendant’s actions.

If you find yourself in a situation where the duress defense might apply, it is crucial to consult with a skilled criminal lawyer who can guide you through the legal process and help you understand your options. At Collett Read LLP, we have a team of experienced criminal lawyers who specialize in handling a wide range of criminal cases, including those involving the duress defense. Contact us at (905) 541-2228 or fill out a free consultation form for expert guidance and legal representation to protect your rights and interests in the complex world of criminal law.