Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Compulsion

24: Compulsion

You could also call this:

“Protection from responsibility if forced to commit a crime due to threats, with exceptions for serious offences”

You can be protected from criminal responsibility if you commit a crime because someone threatened to kill you or seriously hurt you right away. This is called compulsion. For this protection to apply, the person making the threats must be there when you commit the crime. You must believe they will carry out their threats. Also, you can’t be part of any group or plan that puts you in this situation.

However, this protection doesn’t apply to some serious crimes. These include treason, espionage, sabotage, piracy, murder, attempted murder, wounding or injuring with intent, abduction, kidnapping, robbery, aggravated robbery, and arson. If you commit any of these crimes, you can’t use compulsion as a defence.

If you’re married or in a civil union and you commit a crime, the fact that your spouse or partner was there when you did it doesn’t automatically mean you were forced to do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328221.

Topics:
Crime and justice > Criminal law
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Part 3 Matters of justification or excuse
Compulsion

24Compulsion

  1. Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he or she believes that the threats will be carried out and if he or she is not a party to any association or conspiracy whereby he or she is subject to compulsion.

  2. Nothing in subsection (1) shall apply where the offence committed is an offence specified in any of the following provisions of this Act, namely:

  3. section 73 (Treason) or section 78 (Espionage):
    1. section 79 (Sabotage):
      1. section 92 (Piracy):
        1. section 93 (Piratical acts):
          1. section 167 and 168 (murder):
            1. section 173 (Attempt to murder):
              1. section 188 (Wounding with intent):
                1. subsection (1) of section 189 (injuring with intent to cause grievous bodily harm):
                  1. section 208 (abduction):
                    1. section 209 (Kidnapping):
                      1. section 234 (Robbery):
                          1. section 235 (Aggravated robbery):
                            1. section 267 (Arson).

                              1. Where a woman who is married or in a civil union commits an offence, the fact that her spouse or civil union partner was present at the commission of the offence does not of itself raise a presumption of compulsion.

                              Compare
                              • 1908 No 32 s 44
                              Notes
                              • Section 24(2): amended, on , by section 7(1) of the Crimes Amendment Act (No 3) 1985 (1985 No 160).
                              • Section 24(2)(k): replaced, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                              • Section 24(2)(ka): repealed, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                              • Section 24(2)(l): replaced, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                              • Section 24(2)(m): inserted, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                              • Section 24(3): replaced, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                              • Section 24(3): amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).