Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 5. – Criminal Responsibility.

32. JUSTIFICATION AND EXCUSE : COMPULSION.

(1) A person is not criminally responsible for an act or omission done or made–

(c) when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him, or to another person in his presence ; or

(d) when he does or omits to do the act–

(i) in order to save himself from immediate death or grievous bodily harm threatened to be inflicted on him by some person actually present and in a position to execute the threats ; and
(ii) believing himself to be unable otherwise to escape the carrying of the threats into execution, but this protection does not extend to an act or omission that would constitute an offence, punishable with death or the offence of wilful murder or an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element, nor to a person who has by entering into an unlawful association or conspiracy rendered himself liable to have such threats made to him.

Keywords

Duress - national proceedings



EDIT.