A trial judge's direction to scrutinise evidence of duress 'with care and careful scrutiny' does not contravene the Robinson v R prohibition against treating an accused as a suspect witness, provided the direction is directed at the nature of the defence rather than the accused's interest in the outcome. A trial judge is not obliged to direct the jury on a statutory defence under s 233B(1A) of the Customs Act where the defence was deliberately not raised at trial. The failure of a defence of duress is irrelevant to sentencing for the substantive offence.
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