Victorian Current Acts

CRIMES ACT 1958 - SECT 322O

    (1)     A person is not guilty of an offence in respect of conduct carried out by the person under duress.

    (2)     A person carries out conduct under duress if—

        (a)     the person reasonably believes that—

              (i)     subject to subsection (3), a threat of harm has been made that will be carried out unless an offence is committed; and

              (ii)     carrying out the conduct is the only reasonable way that the threatened harm can be avoided; and

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

    (3)     A person does not carry out conduct under duress if the threat is made by or on behalf of a person with whom the person is voluntarily associating for the purpose of carrying out violent conduct.

    (4)     This section only applies in the case of murder if the person believes that the threat is to inflict death or really serious injury.

S. 322P inserted by No. 63/2014 s. 4.