Where an accused is threatened with death or serious harm if they leave a criminal enterprise, and remaining without working is not a viable option, the threats may be characterised as directed at procuring the commission of the offence for the purposes of the defence of duress. The proviso to s 6(1) of the Criminal Appeal Act 1912 should not be applied where the accused's only defence was not considered by the jury at all, as this would substitute trial on the record by the appellate court for trial by jury.
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