The standard direction on duress derived from R v Hurley, including the formulation 'would have been likely to yield', remains correct in Victoria and does not need to be reformulated in terms of 'could' or 'might'. A direction that the Crown must prove beyond reasonable doubt that the accused was not acting under duress is the equivalent of a direction to eliminate any reasonable possibility of duress. Trial judges are not required to adopt the [name withheld] formulation but may do so depending on the issues and evidence in the particular trial.
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