# Core elements The defence of duress is found within [[Section 322O Duress]] of the Crimes Act 1958. The basic elements are: - The accused must *reasonably believe* that a *threat of harm* will be carried out unless they commit an offence (**subjective**); and - That committing the offence is the *only reasonable way* to avoid the harm threatened against them (**subjective**); and - The accused's conduct *is a reasonable response to that threat* (**objective**). It is important to consider the *alternative options* the accused or a reasonable person had in that situation. Another factor to consider is the association with the person who is making the threat pursuant to (3) of 322O. If the accused is associating with a person *for the purpose of carrying out violent conduct*, duress is not an available defence. # Burden of proof The accused bears the evidential burden of **raising** duress. The prosecution bears the legal burden of establishing that the accused **did not** act under duress.