Samoa

Crimes Act 2013

PART III
MATTERS OF JUSTIFICATION OR EXCUSE

14. Compulsion-

(1) Except in relation to the offences listed
in subsection (2), a person who commits an offence under compulsion arising from threats of immediate death or serious bodily harm from a person who is present when the offence is committed is not criminally responsible if he or she:

(a) believes that the threat will be carried out; and
(b) is not a party to any association or conspiracy from which the compulsion arises or was a foreseeable consequence.

(2) Nothing in subsection (1) applies where one of the following offences is committed:

(a) treason or communicating secrets;
(b) sabotage;
(c) piracy;
(d) piratical acts;
(e) murder;
(f) attempt to murder;
(g) wounding with intent;
(h) injuring with intent to cause grievous bodily harm;
(i) abduction;
(j) kidnapping;
(k) robbery;
(l) aggravated robbery;
(m) arson;
(n) drug trafficking;
(o) people smuggling.

Keywords

Duress - national proceedings



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