The words 'reasonably believes' in s 10.2(2) of the Commonwealth Criminal Code require that the accused's actual belief be objectively justifiable by reference to the objective circumstances, not the personal characteristics or subjective perceptions of the accused. The common law self-defence authorities (Viro, Conlon, Hawes) which permit consideration of the accused's personal characteristics and perceptions do not apply to the interpretation of s 10.2. Evidence of threats falling short of establishing the defence of duress may nevertheless be taken into account in sentencing without inconsistency with a jury verdict rejecting duress.
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