Section 24 — Crimes Act 1961: 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 believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion. (2) Nothing in subsection (1) of this section 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 (communicating secrets): (b) Section 79 (sabotage): (c) Section 92 (piracy): (d) Section 93 (piratical acts): (e) Sections 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grievous bodily harm): (i) Section 208 (abduction): (j) Section 209 (kidnapping): (k) section 234 (robbery): (ka) [Repealed] (l) section 235 (aggravated robbery): (m) section 267 (arson).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 husband 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 Subsection (2) was amended, as from 1 February 1986, by section 7(1) Crimes Amendment Act (No 3) 1985 (1985 No 160) by omitting the words “ is aiding or abetting rape, or ” . Subsection (2)(k) was substituted, as from 1 October 2003, by section 5 Crimes Amendment Act 2003 (2003 No 39). Subsection (2)(ka) was inserted, as from 1 January 1974, by section 2 Crimes Amendment Act 1973 (1973 No 118). Subsection (2)(ka) was repealed, as from 1 October 2003, by section 5 Crimes Amendment Act 2003 (2003 No 39). Subsection (2)(l) was substituted, as from 1 October 2003, by section 5 Crimes Amendment Act 2003 (2003 No 39). Subsection (2)(m) was inserted, as from 1 October 2003, by section 5 Crimes Amendment Act 2003 (2003 No 39). Subsection (3) was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).