Topic 9 - Self-defence, duress, sudden emergency and marital coercion

Question 1

Define the 2 elements of self-defence

Answer 1

a. The person believes that the conduct is necessary in self-defence
b. the conduct is a reasonable response in the circumstances as the person perceives them

Question 2

Define the 2 elements of duress

Answer 2

i. a threat of harm has been made that will be carried out unless an offence is committed
ii. carrying out the conduct is the only reasonable way that the threatened harm can be avoided

Question 3

Define the 2 elements of sudden or extraordinary emergency

Answer 3

i. Circumstances of sudden or extraordinary emergency exist

ii. The conduct is the only reasonable way to deal with an emergency

Question 4

Define marital coercion

Answer 4

A married woman who carries out a crime and was coerced to do so by her husband