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Question 11
Which of the following would be the most appropriate defence for Ariel to claim? (A) Automatisim (B) Consent (C) Duress (D) Provocation
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Answer
In considering the most appropriate defence for Ariel, we must examine the options provided:
Automatism: This defence might apply if Ariel was in a state of unconsciousness or involuntary action; however, it is not the most common in disputes involving consent or coercion.
Consent: If the action Ariel is seeking a defence for was consensual, this could potentially absolve liability. Yet, if the action involved duress, consent might not be a valid defence.
Duress: This defence is often used when a person is forced to act against their will due to threats or pressure. If Ariel was coerced into a situation, this would be the most appropriate and valid defence.
Provocation: This typically applies to situations where a person is prompted to act out due to another’s actions; it would not be suitable in many cases of coercive circumstances.
In conclusion, the most appropriate defence for Ariel to claim would be (C) Duress.
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