Cook Islands

Crimes Act 1969

COOK ISLANDS - CRIMES ACT 1969

PART III - MATTERS OF JUSTIFICATION OR EXCUSE

Compulsion

27. Compulsion - (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 in present when the offence in committed that protected from criminal responsibility if he believes at the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.

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

(a) Section 75 (treason) or section 80 (communicating secrets);

(b) Section 81 (sabotage);

(c) Section 103 (piracy);

(d) Section 104 (piratical acts);

(e) Sections 187 and 188 (murder);

(f) Section 193 (attempt to murder);

(g) Section 208 (wounding with intent);

(h) Subsection (1) of section 209 (injuring with intent to cause grievous bodily harm);

(i) Section 230 (abduction);

(j) Section 231 (kidnapping);

(k) Section 256 (robbery);

(l) Section 317 (arson).

(3) Where a married woman commits an offence, the fact that her husband was present at the commission of it shall not of itself raise the presumption of compulsion .

Keywords

Duress - national proceedings



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