South Australian Current Acts South Australian Current Acts (1) It is a defence to
a charge of an offence (other than a prescribed offence) if—
(a) at
the time of carrying out the conduct constituting the offence, the defendant
reasonably believed that—
(i)
a threat had been made that would be carried out unless
the person engaged in the conduct; and
(ii)
carrying out the conduct was the only reasonable way that
the threat could be avoided; and
(b) the
conduct was a reasonable response to the threat.
(2) However, this
section does not apply if the threat referred to in subsection (1)(a) was
made by or on behalf of a person with whom the defendant was voluntarily
associating for the purpose of carrying out conduct of the kind actually
carried out.
(3) If a defendant
raises a defence under this section, the defence is taken to have been
established unless the prosecution disproves the defence beyond reasonable
doubt.
(4) In this
section—
"prescribed offence" means—
(a)
murder; or
(b)
attempted murder; or
(c)
conspiring or soliciting to commit murder; or
(d)
aiding, abetting, counselling or procuring the commission of murder; or
(e) any
other offence prescribed by the regulations for the purposes of this
definition.