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Kim has been arrested and charged with importing a large quantity of drugs into Australia - HSC - SSCE Legal Studies - Question 13 - 2021 - Paper 1
Question 13
Kim has been arrested and charged with importing a large quantity of drugs into Australia. Kim claimed that she was forced to import the drugs. What would be the mo... show full transcript
Worked Solution & Example Answer:Kim has been arrested and charged with importing a large quantity of drugs into Australia - HSC - SSCE Legal Studies - Question 13 - 2021 - Paper 1
Step 1
What would be the most appropriate defence for Kim?
Answer
In this case, Kim's claim that she was forced to import the drugs indicates a situation where she may not have voluntarily engaged in the act. The most appropriate legal defence for Kim would be 'Duress'.
Explanation of the Defence
Duress occurs when a person commits an act because they were threatened with immediate harm. In Kim's situation, if she can demonstrate that she faced threats or coercion leading to her importation of drugs, this defence could negate her criminal liability.
On the contrary, the other options like 'Accident', 'Consent', and 'Provocation' do not accurately capture the essence of her claim of being forced into unlawful action. Thus, the choice of 'C. Duress' stands out as the most fitting defence.