Where an accused gives evidence of threats to their life if they leave a criminal enterprise, and testifies they did not flee because they feared for their life, such evidence is capable of supporting a reasonable possibility of the existence of each element of duress and must be left to the jury. A trial judge's refusal to leave duress to the jury in such circumstances constitutes a miscarriage of trial. An extension of time to appeal against conviction may be granted notwithstanding a less than cogent explanation for delay where the appeal is demonstrably meritorious.
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