Problem
A person charged as a party to murder - he acted as the lookout, but did not personally participate in the killing - wishes to rely on the defence of duress. Referring to a case decided by the Ontario Court of Appeal within the last 10 years, is such a defence available? If so, would it be the common-law defence of duress, or the defence of duress as set out in section 17 of the Criminal Code? When answering this question, list the elements of the common-law defence of duress.