Victorian Consolidated Legislation

Crimes Act 1958 - SECT 9AG

Duress

9AG. Duress



(1) A person is not guilty of a relevant offence in respect of conduct carried
out by him or her under duress.

(2) A person carries out conduct under duress if and only if the person
reasonably believes that-

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

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

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

(3) However, 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 threat is to
inflict death or really serious injury.

Note See section 9AH for evidentiary provisions where family violence is
alleged.