Section 24 - Compulsion

Question 1

Section 24 provides the defence of compulsion. Describe what this section outlines?

Answer 1

• 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.

Question 2

What 3 points must be satisfied before a defence of compulsion can be used?

Answer 2

• 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.