Crimes Act 1961

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Compulsion

24 Compulsion

(1)

Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he or she believes that the threats will be carried out and if he or she is not a party to any association or conspiracy whereby he or she is subject to compulsion.

(2)

Nothing in subsection (1) shall apply where the offence committed is an offence specified in any of the following provisions of this Act, namely:

(a)

section 73 (Treason) or section 78 (Espionage):

(b)

section 79 (Sabotage):

(c)

section 92 (Piracy):

(d)

section 93 (Piratical acts):

(e)

section 167 and 168 (murder):

(f)

section 173 (Attempt to murder):

(g)

section 188 (Wounding with intent):

(h)

subsection (1) of section 189 (injuring with intent to cause grievous bodily harm):

(i)

section 208 (abduction):

(j)

section 209 (Kidnapping):

(k)

section 234 (Robbery):

(ka)
[Repealed]

(l)

section 235 (Aggravated robbery):

(m)

section 267 (Arson).

(3)

Where a woman who is married or in a civil union commits an offence, the fact that her spouse or civil union partner was present at the commission of the offence does not of itself raise a presumption of compulsion.

Compare: 1908 No 32 s 44

Section 24(2): amended, on 1 February 1986, by section 7(1) of the Crimes Amendment Act (No 3) 1985 (1985 No 160).

Section 24(2)(k): replaced, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

Section 24(2)(ka): repealed, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

Section 24(2)(l): replaced, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

Section 24(2)(m): inserted, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

Section 24(3): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 24(3): amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).