Section 32 of the Criminal Code (WA) does not require an accused to concede the relevant criminal act or omission before raising the defence of duress. A trial judge assessing the evidential burden must consider the premise that the jury may reject the accused's denial and accept the State's case, evaluating that with the accused's evidence of threats. However, an unparticularised concern that police protection may not be effective, without evidentiary foundation, will not satisfy the reasonable grounds requirement in s 32(2)(c).
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