40Duress

40 Duress (1) A person is excused from criminal responsibility for an act, omission or event if it was done, made or caused because of duress provided: (a) he believed the person making the threat was in a position to execute the threat; (b) he believed there was no other way he could ensure the threat was not executed; (c) an ordinary person similarly circumstanced would have acted in the same or a similar way; and (d) he reported the threat to a police officer as soon as was reasonably practicable, unless the nature of the threat was such that an ordinary person similarly circumstanced would not have reported that threat. (2) The excuse referred to in subsection (1) does not extend to an act, omission or event that would constitute an offence of which serious harm or an intention to cause such harm is an element; nor to a person who has rendered himself liable to have such a threat made to him by having entered into an association or conspiracy that has as any of its objects the doing of a wrongful act.