Civil Law

Raising the Defence: Navigating the Use of Self-Defence in Assault Charges

Nicole Byrne
January 13, 2023

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.)

Our lawyers have the experience and knowledge to guide you through the legal process and help you build a strong case for self-defence. Contact us today to learn more about how we can help you.

Click here to read more on the offence of assault and aggravated assault. There we examine the legal guidelines and precedents.