Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 40

Duress

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

    (2)     A person carries out conduct under duress only if the person 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 to make the threat ineffective; and

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

    (3)     However, the 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 to carry out conduct of the kind required for the offence.



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