Speak to a Perth Criminal Lawyer. Call 1300 331 331

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.

Get Quick Legal Advice

    Your Name (required)

    Your Email (required)

    Your Phone Number (required)

    Your Name (required)

    Your Email (required)

    Your Phone Number (required)

    Your State (required)

    Subject

    Your Message

    Check if you're not a robot:

    Subject

    Your Message

    Check if you're not a robot: