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A person charged as a party to murder - he acted as the lookout, but did not personally participate in the killing - wishes to
A person charged as a party to murder - he acted as the lookout, but did not personally participate in the killing - wishes to rely on the defence of duress. Referring to a case decided by the Ontario Court of Appeal within the last 8 years, is such a defence available? If so, would it be the common-law defence of duress, or the defence of duress as set out in section 17 of theCriminal Code? When answering this question, please list the elements of the common-law defence of duress.
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