7. Defences Involving Other People - Compulsion or Duress

Question 1

What is compulsion or duress?

Answer 1

Compulsion or duress is the act of compelling a person to do something against their will. When the compulsion relates to a criminal offence, the law offers protection from prosecution in some cases.

Question 2

When is a person acting under compulsion?

Answer 2

A person acts under “compulsion” if they commit an offence having been compelled to do so by threats of immediate death or grievous bodily harm to themselves or another person present when the offence is committed.

Question 3

In relation to compulsion, how is it assessed?

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Answer 3

These threats must be operating on their mind at the time of the act and be so
grave that they might well have caused a reasonable person placed in the
same situation to act in the same way.

Question 4

Outline Compulsion in s24 CA61?

Answer 4

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.

Question 5

Does the belief in the threat need to be genuine?

Answer 5

The defendant must have genuinely believed the threats and must not be a party to any association or conspiracy involved in carrying out
the threats.

Question 6

What was the circumstances as it pertains to present that were argued in R v Joyce?

Answer 6

In this case Pihema was inside the service station with the firearm while Joyce was outside, Joyce was therefore not threatened with “immediate” death or grievous bodily harm from a person “who was present” when Joyce did the acts which made him a party to the offence.

Question 7

In relation to R v Joyce, what did the court decide?

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Answer 7

The Court of Appeal decided that the compulsion must be made by a person who is present when the offence is committed.

Question 8

What were the circumstances as it pertains to immediacy that were argued in R v Perrott?

Answer 8

• Defendant found guilty of receiving.
• Jury recommended leniency due to duress.
• Perrott appealed due to compulsion.
• The pressure occurred in relation to the confession not at the time of the offending.

Question 9

In relation to immdiacy what did the court find in R v Perrott?

Answer 9

Accordingly there was no evidence of compulsion
within section 24 to operate as a defence to the charge of receiving.