Signing “Vi Coactus”

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Although relied upon in OPCA circles, signing “VI COACTUS” regarding due process in a criminal matter is unintelligible, since it is not a contractual relationship. Enforcing the states legislative requirements regarding the granting of bail cannot be held as DURESS, it is governed entirely by statute, the obligation to these requirements is statutory.

R v Stoneman [2013] QCA 209

“As to the breach of bail, her Honour noted that the applicant claimed to have signed his bail undertaking under duress; that it was implicit in the police officer’s behaviour towards him that unless he signed the bail undertaking he would not be released. Her Honour rightly held that the proper use of legal process could not constitute duress.”

Click to access qca13-209.pdf

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