This defence can be raised is situations where there is some factor which causes you to break the law to avoid serious consequence. You will need to show evidence of the following:

  • You acted only to avoid irreversible, serious consequences upon yourself or someone else.
  • You honestly and reasonably believed that you were in a ‘situation of immediate danger’ requiring you to take immediate action to escape the threat.
  • Your actions were reasonable and proportionate to the situation.

If this defence is raised, the prosecution will need to prove beyond reasonable doubt that there was no immediate danger posed to you.