What is the test for an implicit threat of death?

New Brunswick, Canada


The following excerpt is from R v Morningstar, 2016 NBQB 212 (CanLII):

Given my ultimate conclusion, I will only assume for the sake of completeness that in the situation the accused then found himself there is some evidence that could reasonably bear an inference that the accused perceived an implicit threat of death and reasonably believed it would be carried out. However, even that claim in the circumstances of this case lacks evidence to support a critical feature of the threat requirement legal element. The threat must be “for the purpose of compelling the commission of the offence” (See: R v. Ryan, supra at para. 33).

Other Questions


What is the range of ineligibility for a man who stabbed his common law spouse to death after a severe assault? (New Brunswick, Canada)
Is there a contingency in a death leaving issue where the will of the deceased bequests to his two sons are subject to defeasance or divestiture? (New Brunswick, Canada)
Can a landlord be held liable for failing to repair or repair a stairway? (New Brunswick, Canada)
Is s. 6 exempt from the Right to Information Act? (New Brunswick, Canada)
In what circumstances will the Supreme Court of Canada strike down a contract where the contract states that the contract does not contain a clause requiring full payment? (New Brunswick, Canada)
Is there a triable defence against liability for loss of income? (New Brunswick, Canada)
What is the meaning of the word "reasonable person" in the assessment of credibility? (New Brunswick, Canada)
What is the test for admissible sexual activity? (New Brunswick, Canada)
Is there any case law or case law that would allow for a "mini trial" to supplement the record? (New Brunswick, Canada)
What is the legal test for reasonableness? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.