PART III
MATTERS OF JUSTIFICATION OR EXCUSE

14. Compulsion-

(1) Except in relation to the offences listed
in subsection (2), a person who commits an offence under compulsion arising from threats of immediate death or serious bodily harm from a person who is present when the offence is committed is not criminally responsible if he or she:

(a) believes that the threat will be carried out; and
(b) is not a party to any association or conspiracy from which the compulsion arises or was a foreseeable consequence.

(2) Nothing in subsection (1) applies where one of the following offences is committed:

(a) treason or communicating secrets;
(b) sabotage;
(c) piracy;
(d) piratical acts;
(e) murder;
(f) attempt to murder;
(g) wounding with intent;
(h) injuring with intent to cause grievous bodily harm;
(i) abduction;
(j) kidnapping;
(k) robbery;
(l) aggravated robbery;
(m) arson;
(n) drug trafficking;
(o) people smuggling.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

9. Defences to offences under sections 5, 6 or 7 -

(1) A person charged with an offence under section 5, 6 or 7 may rely on any defence, excuse or justification available to the person under the law of Samoa or under international law, including but not limited to the defences under Articles 31 and 32 of the Statute.