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

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

Claire De Than

and Russell Heaton

DOI:
10.1093/he/9780199657209.003.0009
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date: 19 August 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.

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