Scott Arnold

The accused was charged with robbery after presenting a demand note to a bank teller and taking approximately $400.

He admitted committing the robbery but argued he acted under duress, claiming an unknown armed individual in a vehicle forced him to carry out the offence and threatened to shoot his friend if he refused.

The court held that s. 17 of the Criminal Code excludes the defence of duress for robbery and that, absent a constitutional challenge, the statutory exclusion remained operative.

In the alternative, the court assessed the common law defence of duress and rejected it, finding the accused’s testimony not credible and concluding that the alleged threats were fabricated and unsupported by the evidence.

The Crown proved beyond a reasonable doubt that the accused committed the robbery voluntarily.