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Which of the following would be the most appropriate defence for Ariel to claim? (A) Automatisim (B) Consent (C) Duress (D) Provocation - HSC - SSCE Legal Studies - Question 11 - 2012 - Paper 1

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Question 11

Which-of-the-following-would-be-the-most-appropriate-defence-for-Ariel-to-claim?--(A)-Automatisim-(B)-Consent-(C)-Duress-(D)-Provocation-HSC-SSCE Legal Studies-Question 11-2012-Paper 1.png

Which of the following would be the most appropriate defence for Ariel to claim? (A) Automatisim (B) Consent (C) Duress (D) Provocation

Worked Solution & Example Answer:Which of the following would be the most appropriate defence for Ariel to claim? (A) Automatisim (B) Consent (C) Duress (D) Provocation - HSC - SSCE Legal Studies - Question 11 - 2012 - Paper 1

Step 1

Which of the following would be the most appropriate defence for Ariel to claim?

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Answer

In considering the most appropriate defence for Ariel, we must examine the options provided:

  1. Automatism: This defence might apply if Ariel was in a state of unconsciousness or involuntary action; however, it is not the most common in disputes involving consent or coercion.

  2. Consent: If the action Ariel is seeking a defence for was consensual, this could potentially absolve liability. Yet, if the action involved duress, consent might not be a valid defence.

  3. Duress: This defence is often used when a person is forced to act against their will due to threats or pressure. If Ariel was coerced into a situation, this would be the most appropriate and valid defence.

  4. Provocation: This typically applies to situations where a person is prompted to act out due to another’s actions; it would not be suitable in many cases of coercive circumstances.

In conclusion, the most appropriate defence for Ariel to claim would be (C) Duress.

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