The defence of sudden or extraordinary emergency under s 10.3 of the Criminal Code (Cth) will not be available where the factual basis is indistinguishable from a duress defence under s 10.2 that has been rejected by the jury. In drug importation cases, the evidential burden for s 10.3 will not ordinarily be discharged where the accused had the opportunity to report to authorities rather than commit the offence. The phrase 'sudden or extraordinary emergency' bears its natural and ordinary meaning and need not be both sudden and extraordinary.
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