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Duress

The legislation which deals with Duress is the Criminal Code Act 1913 at Section 32. It provides as follows:

(1) A person is not criminally responsible for an act done, or an omission made, under duress under subsection (2).

(2) A person does an act or makes an omission under duress if —

(a)  the person believes —

(i)  a threat has been made; and

(ii)  the threat will be carried out unless an offence is committed; and

(iii)  doing the act or making the omission is necessary to prevent the threat from being carried out;

and

(b)  the act or omission is a reasonable response to the threat in the circumstances as the person believes them to be; and

(c)  there are reasonable grounds for those beliefs.

(3) Subsections (1) and (2) do 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 —

(a) doing an act or making an omission of the kind in fact done or made by the person under duress; or

(b) prosecuting an unlawful purpose in which it is reasonably foreseeable such a threat would be made.

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