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Duress by threats

Duress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason. The defence arises where the defendant commits the offence with the relevant intention but is induced to act by a threat made by another person, or the defendant reasonably believes a threat has been made, to the effect that, unless the defendant commits the offence with which he is charged, then he or a third person will be harmed. The evidence for a defence of duress must be raised by the defendant. Once raised, the burden is then on the prosecution to disprove the assertion beyond reasonable doubt. See Practice Note: Burden and standard of proof in criminal proceedings.

The defence involves both a subjective and an objective test which the jury must determine following directions from the judge. The test is:

1. •

   was the defendant, or might they have been, impelled to act as they did because, as a result of what they reasonably believed another person had said or done, they had good cause to fear