ARTICLE
18 January 2023

Raising the defence: Navigating the use of self-defence in assault charges

OC
O'Brien Criminal & Civil Solicitors

Contributor

O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
Discusses using self defence as a defence to assault, a criminal charge.
Australia Criminal Law

Self defence as a defence

A complete defence to a criminal charge whereby the accused's conduct which would otherwise be unlawful is excused on the basis that the accused was compelled to act as he or she did in the defence of self or another. (And in New South Wales ('NSW)', property (Crimes Act 1900 (NSW) s.418.)). That is, self defence.

The actions used in defence must be reasonable in the circumstances.

Once the accused raises self-defence the onus is on the Crown to disprove the defence beyond reasonable doubt.

In NSW, where death happens due to excessive force used in self-defence, the offence may reduce from murder to manslaughter. (Crimes Act 1900 (NSW) s.421.)

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