PART XI
C OMPULSION
243 Requirements for compulsion to be complete defence
(1) Subject to this Part, the fact that a person accused of a crime was subjected to compulsion when the
person did or omitted to do anything that is an essential element of the crime shall be a complete defence to the
charge if
(a) the compulsion consisted of a threat
(i) unlawfully to kill him or her or cause him or her serious bodily injury or to kill or cause serious
bodily injury to some other person; or
(ii) unlawfully to cause him or her financial or proprietary loss;
and
(b) he or she believed on reasonable grounds that implementation of the threat referred to in paragraph (a)
had begun or was imminent; and
(c) the threat referred to in paragraph (a) was not brought about through his or her own fault; and
(d) he or she believed on reasonable grounds that he or she could not escape from or resist the threat
referred to in paragraph (a) and that his or her conduct was necessary to avert the implementation of the
threat; and
(e) by his or her conduct he or she did no more harm than was reasonably necessary to avert the
implementation of the threat referred to in paragraph (a), and no more harm than was unlawfully
threatened.
(2) Where a person voluntarily associates himself or herself with one or more other persons knowing or
realising that there is a real risk or possibility that they will involve him or her in the commission of a crime, any
threat made against him or her by one or more of those other persons for the purpose of inducing him or her to
commit a crime shall be deemed, for the purpose of paragraph (c) of subsection (1), to have been brought about
through his or her own fault.
244 Additional requirements for compulsion to be complete defence to murder
(1) Subject to subsection (3), the fact that a person accused of murder was subjected to compulsion when he
or she did or omitted to do anything that is an essential element of the crime shall not be a complete defence to the
charge unless the following requirements are satisfied in addition to those specified in paragraphs (b), (c) and (d)
of subsection (1) of section two hundred and forty-three
(a) the compulsion took the form of a threat unlawfully to kill the accused or some other person
immediately if the accused did not kill or assist in killing the deceased; and
(b) the accused could not escape from or resist the threat referred to in paragraph (a); and
(c) the accused had no warning of the threat referred to in paragraph (a) to enable him or her to forestall it,
whether by reporting the matter to the police or by other means.
(2) If the requirements referred to or specified in subsection (1) are satisfied, the defence of compulsion shall
be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an
accomplice.
PART XII
CONSENT
245 Requirements for consent to be complete defence
(1) Subject to this Part, where a person consents to any conduct which is likely to cause harm to his or her
person, proprietary rights or other interests, his or her consent shall be a complete defence to a charge against any
other person alleging the commission of a crime of which that conduct forms an essential element, if
(a) the interests of the community as a whole are not adversely affected by the conduct to any substantial
degree; and
(b) the consent is given prior to the conduct, not as ratification afterwards; and
(c) the person who gives the consent is
(i) capable in law of giving such consent; and
(ii) able to understand the nature and possible consequences of the conduct and to give informed
consent thereto;
and
(d) the consent is real and is not induced by threat, force, fraud or mistake intentionally or knowingly
induced by the person charged with the crime; and
(e) the giving of the consent is not contrary to any law or to public policy.
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