Section 24 - Compulsion Flashcards
Section 24 provides the defence of compulsion. Describe what this section outlines?
• 24(1)
Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or GBH 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.
What 3 points must be satisfied before a defence of compulsion can be used?
• The defendant must have committed an offence having been compelled to do so by threat of immediate death or GBH.
• The defendant must have genuinely believed the threats and must not be a party to any association or conspiracy whereby he is subject to compulsion
• The threat of death or GBH must be immediate and from a person present at the time.