The defence of duress is not available on a charge of murder to a principal in the first degree. The defence of necessity is unlikely to be available for murder and requires imminent peril, irreparable evil, and proportionality. A person who with intent to kill does an act which substantially contributes to death may be guilty of murder notwithstanding that the immediate cause of death is the act of another person. Whether duress is a defence to attempted murder remains unresolved in Australia.
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