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Duress is a complete defence to all criminal charges. Duress is a complicated area of the law and difficult defence to raise. If you intend to rely on the defence of duress our criminal lawyers can advise you on the intricacies of the defence to give you the best chance of raising it successfully. 

What is duress?

You will have acted under duress and therefore involuntarily, if your actions were performed because of threats (express or implied) of death or really serious injury. The threats to you need to be of such a nature that a person of ordinary firmness and strength of will would have yielded to them if placed in the same position as you. The ordinary person is a person of the same maturity and sex as you.

What is the legal test for duress?

To legal test to raise defence is:

  1. The making of an actual threat against you;
  2. The nature of the threat being of death or serious injury to you or your family;
  3. The threat being of such gravity that a person of ordinary firmness of mind and will, and of the same sex and maturity as you, would have yielded to the threat in the way that you did;
  4. That you acted as you did because of the threat which was still acting on your mind at the time of the criminal act.
  5. For the threat to be effective it must be continuing. A threat will not be continuing and effective if you had a reasonable opportunity to render the threat ineffective.

Reasonable doubt

The police must establish that your acts were done voluntarily and must eliminate any reasonable possibility that you acted under duress.

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Joe Correy and his team were amazing. They guided us through one of the most difficult times of our lives... Read the review here

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7/29/2021

Steven Mercael customised my defence to suit my unique situation and who I am as a person. His communication... Read the review here

Soleil Harper
7/19/2021

“The matter has been withdrawn and dismissed”.Joseph acted swiftly and with precision, a true professional and pleasure to deal with.Highly recommended.

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7/09/2021

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7/02/2021

After visiting 5 lawyers I have decided to hand over my matter to Joe. He is well organised and helped... Read the review here

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Great lawyer. Very professional, well spoken, great at checking up on me. I had a wonderful experience working with Joeseph

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7/02/2021

A great result for my sons complex case which was handled by Steven Mercael. Steven went above and beyond. He... Read the review here

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7/02/2021

I want to thank the folks at AC Law Group, especially Steven. Absolute legend in helping being detailed, and keeping... Read the review here

Tommy Nguyen
7/02/2021

Thank you to Joseph for the outstanding work he did on my case. Joseph achieved the best outcome possible.... Read the review here

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6/28/2021

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6/25/2021

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