Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 10 - Circumstances involving external factors  

SECTION 10.2   Duress  

(1)    
A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence under duress.

(2)    
A person carries out conduct under duress if and only if he or she reasonably believes that:


(a) a threat has been made that will be carried out unless an offence is committed; and


(b) there is no reasonable way that the threat can be rendered ineffective; and


(c) the conduct is a reasonable response to the threat.

(3)    
This section does not apply if the threat is made by or on behalf of a person with whom the person under duress is voluntarily associating for the purpose of carrying out conduct of the kind actually carried out.

 

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