Self Defence

Self-defence is a complete defence to a criminal charge which means it leads to a verdict of ‘not guilty’.

The defence is contained in Section 418 of the Crimes Act 1900 which provides that you are not criminally responsible for an offence if:

1. You believed your conduct was necessary:

• To defend yourself or another person, or
• To prevent the unlawful deprivation of your liberty or another person’s, or
• To protect your property from being taken, destroyed, damaged or interfered with, orTo prevent criminal trespass to your land, or remove a person criminally trespassing, and

2. Your conduct was a reasonable response in the circumstances as you perceived them

To rely on self-defence, there must be evidence capable of supporting a reasonable inference that you acted in accordance with the section.

Once self-defence is raised, the prosecution must disprove it ‘beyond reasonable doubt’ if it is unable to do so, you are entitled to an acquittal.

Self-defence is not available where you used force that involved the reckless or intentional infliction of death only to:

1. Protect property, or
2. Prevent or remove a criminal trespass

A charge of murder will be reduced to manslaughter if you engaged in ‘excessive self-defence’ which means you:

1. Used force that inflicted death, but
2. Your conduct was not a reasonable response as you perceived them and you believed your conduct was necessary to:
3. Defend yourself or another person, or
4. To prevent the unlawful deprivation of your liberty or another person’s