We often get asked by our clients what defences are available to
them when they have been charged. If you are able to raise a
defence successfully, it often means that you are found not guilty
of a charge or charges.
The defence of duress has been a part of the law in Victoria for
a long time. Originally it was part of the common law before being
introduced into legislation in 2005. It's successfully been
made out in cases involving jail escapes, drugs and manslaughter.
What is duress?
You might think you already know what duress means, however it
has a specific meaning under the law which might not be what you
think.
To engage in conduct under duress, a person must do something in
response to a threat of physical harm. That 'something'
they do would ordinarily be a crime. For example, a person accused
of a crime might raise the defence of duress in a situation where they
have been told by someone to rob a bank, and if they don't rob
the bank they will be
