Duress

DURESS

Duress is a complete defence and refers to the defence that you committed the criminal offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Section 10 of the Criminal Code Act 1995 (Cth) establishes the defence of duress for all commonwealth offences, which includes but is not limited to drug importation and internet offences. This legislation defines the defence as applying if the person carrying out the conduct reasonably believes that:

• A threat has been made that will be carried out unless an offence is committed; and
• There is no reasonable way that the threat can be rendered ineffective; and
• The conduct is a reasonable response to the threat.

The defence of duress under Section 10 of the Criminal Code Act 1995 (Cth) does not apply if the threat is made by or on behalf of a person with whom the person under duress is voluntarily associating for the purpose of carrying out conduct of the kind actually carried out.

Duress is not a defence to the criminal offences of murder, attempted murder and some forms of treason.

LEGAL DEFENCES IN NSW

THINGS YOU NEED TO KNOW:

1. A number of legal defences against convictions of criminal offences are available in NSW.
2. Legal defences are used to justify the actions of an individual who has been accused or charged with a criminal offence.
3. Legal defences are sourced from common law, with some now incorporated into legislation.
4. Some legal defences apply to specific criminal offences, whilst other legal defences apply more broadly.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for using legal defences to obtain not guilty verdicts and the withdrawal of charges for clients charged with criminal offences.

Criminal Lawyers Group specialise in strategic approaches through legal defences to successful defend you against your criminal charges.

Our Criminal Lawyers will always provide effective legal representation that evaluates case-specific circumstances, identifies applicable defences, and presents a compelling case in court. Through the exceptional knowledge of these defences, our award-winning criminal lawyers strive to secure the best outcomes for defendants, ensuring compelling defences against criminal charges under the NSW legal system.

WHAT IS A LEGAL DEFENCE?

Legal defences are defences available to defend against criminal accusations and charges by justifying the actions of an individual through defences sourced from common law and legislation.

This article explores different types of legal defences available.

If you have been accused or charged with a criminal offence, contact our expert criminal lawyers immediately so that we may analyse which defences apply to your situation.