Show Summary Details
Page of

(p. 287) 9. General Defences III: Duress, necessity and marital coercion 

(p. 287) 9. General Defences III: Duress, necessity and marital coercion
(p. 287) 9. General Defences III: Duress, necessity and marital coercion

Claire De Than

and Russell Heaton

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 06 December 2019

This chapter discusses three defences which might be viewed as necessity situations: duress by threats (traditional duress), duress of circumstances, and necessity. Where a person is compelled to commit a crime by threats of violence from another person, he may be able to plead the defence of duress. Duress of circumstances embraces almost any other situation where a danger of serious harm arises unless the ‘crime’ is committed. The traditional view of necessity is that the commission of the ‘crime’ is justified where the harm to be thereby avoided is greater than the harm resulting from the ‘offence’. Marital coercion and superior orders are also considered.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.