Crimes Act 1961

Matters of justification or excuse - Compulsion

24: Compulsion

You could also call this:

"Doing something wrong because someone is forcing you to, might not get you in trouble with the law."

Illustration for Crimes Act 1961

If you do something wrong because someone is threatening to hurt you badly, you might not be in trouble with the law. This is only if you believe they will hurt you and you are not working with them. You must also be with the person who is threatening you when you do the wrong thing.

There are some wrong things you can do that will always get you in trouble, no matter who is threatening you. These include things like treason, espionage, sabotage, piracy, and piratical acts. You can also get in trouble for things like murder, trying to murder someone, or hurting someone on purpose.

If you are married or in a civil union and you do something wrong, just because your spouse or partner is with you does not 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.


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Part 3Matters 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).