UniSA CRW2601
Assignment 1 Quiz
SOLUTION
Due march.
, UNISA CRW2601 – General Principles of Criminal Law
Assignment 1 Answer: Defence of Compulsion (Duress)
QUESTION
X is the leader of a dangerous human trafficking gang. He is afraid that Z, the leader of
another gang in the same town, will try to kill him. He instructs Y, who is his neighbour,
to shoot Z. X threatens Y that he (X) will kill both Y and Y's wife if he (Y) does not obey
X's orders. Y, who is terrified of X, shoots and kills Z.
Y is charged with the murder of Z. You are Y's legal representative. Discuss which
defence you will invoke to ensure a complete acquittal of Y.
ANSWER
INTRODUCTION
As Y's legal representative, I will invoke the defence of compulsion (duress) to secure
Y's complete acquittal on the charge of murder. This defence, also known as vis
absoluta or vis compulsiva, recognizes that a person should not be held criminally liable
for an act committed under the threat of immediate and unavoidable harm to
themselves or a close family member.
1. THE DEFENCE OF COMPULSION (DURESS)
Assignment 1 Quiz
SOLUTION
Due march.
, UNISA CRW2601 – General Principles of Criminal Law
Assignment 1 Answer: Defence of Compulsion (Duress)
QUESTION
X is the leader of a dangerous human trafficking gang. He is afraid that Z, the leader of
another gang in the same town, will try to kill him. He instructs Y, who is his neighbour,
to shoot Z. X threatens Y that he (X) will kill both Y and Y's wife if he (Y) does not obey
X's orders. Y, who is terrified of X, shoots and kills Z.
Y is charged with the murder of Z. You are Y's legal representative. Discuss which
defence you will invoke to ensure a complete acquittal of Y.
ANSWER
INTRODUCTION
As Y's legal representative, I will invoke the defence of compulsion (duress) to secure
Y's complete acquittal on the charge of murder. This defence, also known as vis
absoluta or vis compulsiva, recognizes that a person should not be held criminally liable
for an act committed under the threat of immediate and unavoidable harm to
themselves or a close family member.
1. THE DEFENCE OF COMPULSION (DURESS)
