The Abusafiah three-question formulation of the duress defence remains the authoritative statement of the law in NSW, and the second and third questions (objective limbs) will not be expanded to incorporate the accused's background and personal characteristics. The expression 'a reasonable person' may be used as shorthand for 'a person of ordinary firmness of mind and will and of the same sex and maturity as the accused' provided the full formulation is explained to the jury. Section 21A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 ('actual threat and use of violence') refers to violence to the person, not to property.
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