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Author Topic: What self defence means in your region  (Read 1773 times)

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OzHippy

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What self defence means in your region
« on: June 12, 2017, 10:15:38 am »

Got this from a FB posting - I posted the key legal per state below.  - read the article that gives a few case histories.

What self defence means in your region.  An Intruder Is In Your Home -- This Is How You Can Defend Yourself Under Australian Laws
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NSW

(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.
(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction, damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,
and the conduct is a reasonable response in the circumstances as he or she perceives them.

Queensland
When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for the person to use such force to the assailant as is reasonably necessary to make effectual defence against the assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

If the nature of the assault is such as to cause reasonable apprehension of death or grievous bodily harm, and the person using force by way of defence believes, on reasonable grounds, that the person can not otherwise preserve the person defended from death or grievous bodily harm, it is lawful for the person to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous bodily harm.

Victoria
A person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence.
A person carries out conduct in self-defence if:
(a) the person believes that the conduct is necessary in self-defence; and
(b) the conduct is a reasonable response in the circumstances as the person perceives them.
(3) This section only applies in the case of murder if the person believes that the conduct is necessary to defend the person or another person from the infliction of death or really serious injury.

Western Australia
A harmful act done by a person is lawful if the act is done in self-defence if:
(a) a person unlawfully kills another person in circumstances which, but for this section, would constitute murder; and
(b) the person’s act that causes the other person’s death would be an act done in self-defence under subsection (4) but for the fact that the act is not a reasonable response by the person in the circumstances as the person believes them to be, the person is guilty of manslaughter and not murder.
A person’s harmful act is done in self-defence if:

(a) the person believes the act is necessary to defend the person or another person from a harmful act, including a harmful act that is not imminent; and
(b) the person’s harmful act is a reasonable response by the person in the circumstances as the person believes them to be; and
(c) there are reasonable grounds for those beliefs.
(5) A person’s harmful act is not done in self-defence if it is done to defend the person or another person from a harmful act that is lawful.
(6) For the purposes of subsection (5), a harmful act is not lawful merely because the person doing it is not criminally responsible for it.

Northern Territory
A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.

A person carries out conduct in self-defence only if:
(a) the person believes the conduct is necessary:
(i) to defend himself or herself or another person; or
(ii) to prevent or terminate the unlawful imprisonment of himself or herself or another person; or
(iii) to protect property from unlawful appropriation, destruction, damage or interference; or
(iv) to prevent criminal trespass to any land or premises; or
(v) to remove from any land or premises a person who is committing criminal trespass; and
(b) the conduct is a reasonable response in the circumstances as he or she perceives them.

(3) However, the person does not carry out conduct in self-defence if:

(a) the person uses force that involves the intentional infliction of death or serious harm:
(i) to protect property; or
(ii) to prevent criminal trespass; or
(iii) to remove a person who is committing criminal trespass; or
(b) the person is responding to lawful conduct that the person knew was lawful.

Tasmania
A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.

South Australia
It is a defence to a charge of an offence if:

(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and
(b) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist 1 .

It is a partial defence to a charge of murder (reducing the offence to manslaughter) if:

(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but
(b) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist. 2

For the purposes of this section, a person acts for a "defensive purpose if the person acts:

a) in self defence or in defence of another; or
(b) to prevent or terminate the unlawful imprisonment of himself, herself or another.

However, if a person:
(a) resists another who is purporting to exercise a power of arrest or some other power of law enforcement; or
(b) resists another who is acting in response to an unlawful act against person or property committed by the person or to which the person is a party,
the person will not be taken to be acting for a defensive purpose unless the person genuinely believes, on reasonable grounds, that the other person is acting unlawfully.
If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt




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sea-dove

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Re: What self defence means in your region
« Reply #1 on: June 12, 2017, 10:54:27 am »

Quote
Tasmania
A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.

so in other words in Tassie, if YOU believe its reasonable to shoot someone in the head who has broken into your home its all fine with the law there.

I just saw from the Sth Australia law that something I pleaded guilty for in court and didnt legally fight, lawyer told me to take a deal for a 8mth suspended sentence for assault, I had a clear defence I could of used at the time "b) to prevent or terminate the unlawful imprisonment of himself, herself or another."as someone not related to us had illegally had one of my kids and wouldnt give the child back  so I'd thrown myself at him and attacked him   :-\   . Crap, I had the law on my side but didnt know (my legal aid lawyer never told me this)
« Last Edit: June 12, 2017, 10:59:33 am by sea-dove »
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odzy

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Re: What self defence means in your region
« Reply #2 on: June 12, 2017, 04:28:44 pm »

Good to know  :)
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OzHippy

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Re: What self defence means in your region
« Reply #3 on: June 12, 2017, 04:34:43 pm »

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Quote
Tasmania
A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.

so in other words in Tassie, if YOU believe its reasonable to shoot someone in the head who has broken into your home its all fine with the law there.

I just saw from the Sth Australia law that something I pleaded guilty for in court and didnt legally fight, lawyer told me to take a deal for a 8mth suspended sentence for assault, I had a clear defence I could of used at the time "b) to prevent or terminate the unlawful imprisonment of himself, herself or another."as someone not related to us had illegally had one of my kids and wouldnt give the child back  so I'd thrown myself at him and attacked him   :-\   . Crap, I had the law on my side but didnt know (my legal aid lawyer never told me this)
The last few years I have been working with NSW environmental law - most people concede to easily - if you fight for your rights one can often win. 
Most criminal law is based on the premises of what would a reasonable person do or be expected to do. 


For example if someone breaks into your house and you smash him with a baseball bat and you tell the court you felt unsafe being a woman and alone and purchased a base ball bat and kept the bat next to your bed for safety - the court is going to find you guilty as you had intent.

But if you join a softball club and you leave your sporting bag in you bathroom when you change after playing sport and you tell the judge you ran to hide in your bathroom and just grabbed the nearest thing which happened to be the bat and defended yourself.  It is then justified. Or one of the children left the bat in the house when they came to visit you.  That is how I understand it, use what ever is available but need an incidental reason why the implement was where it was when you picked it up.  You cant keep hitting the person after they have been disabled again a good story of how things went down.


 Most people panic too much after an incident the police will also ask leading questions don't say anything get a good lawyer before making statements.

I am no lawyer and have almost no experience with criminal law - so don't quote me or take this as any legal advice.  It is my limited understanding of how things work.


 
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Scout

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Re: What self defence means in your region
« Reply #4 on: June 12, 2017, 07:36:07 pm »


We get similar advice at work for dealing with Work Site Inspectors.
If there is a major incident and someone got hurt don't agree to an interview on the day if you are rattled.
Don't refuse point blank just put them off until you get settled & get some advice.
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hailesellasie

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Re: What self defence means in your region
« Reply #5 on: June 12, 2017, 08:43:16 pm »

I can count on one hand (leaving out the thumb and the pinky), how many self defense cases were actually successful in WA..I can only recall one about 12yrs ago, where an old guy shot and killed an intruder and got away with it, as he was scared for his life and his wife's. If you have to kill, take the mofo and bury the body so deep that he's going to be knocking on hell's door and as far away as you can... ;D ;D ;D ;D ;D ;D ;D
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odzy

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Re: What self defence means in your region
« Reply #6 on: June 13, 2017, 07:39:32 am »

Definitely left to interpretation but in the event of a SHTF situation no one will be around to arrest you for applying a little bit of extra force ;)
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hailesellasie

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Re: What self defence means in your region
« Reply #7 on: June 13, 2017, 07:56:00 am »

Can't wait!  ;D ;D
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odzy

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Re: What self defence means in your region
« Reply #8 on: June 13, 2017, 07:57:36 am »

By the way that extra force I was referring to a little bit of force at the trigger ;)
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Paddler

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Re: What self defence means in your region
« Reply #9 on: June 13, 2017, 08:43:01 am »

Well if they can get past 2 anti social dogs , infra red cameras back to base and my iPad security system they are quite welcome to take a beating and I don,t really care , worked to hard and to long to have shithead come and take things oh and what could be strapped under my bed mmmmmm , but in reality I was told that if I hand the gun to the mrs she is protecting her family as I can,t do that so that's one option
Being in Tas will have to ask the powers in the family about the actual law from the Police side of things to be sure,


Paddler ;)
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hailesellasie

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Re: What self defence means in your region
« Reply #10 on: June 13, 2017, 09:38:20 am »

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By the way that extra force I was referring to a little bit of force at the trigger ;)
Yep...I'll start exercising the index finger then... ;D ;D ;D
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Paddler

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Re: What self defence means in your region
« Reply #11 on: June 13, 2017, 01:30:34 pm »

Ahhh grasshopper all you need is two fingers , straight in the eyes then they can,t see you , game over :o


Paddler ;)
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Lt Marauder

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Re: What self defence means in your region
« Reply #12 on: June 13, 2017, 05:46:29 pm »

Ask any lawyer who works in the criminal area.  The "self defence" defence is very hard to prove and has a low success rate.
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Arkane

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Re: What self defence means in your region
« Reply #13 on: June 13, 2017, 08:22:20 pm »

It all depends on what you say and do when the police turn up!
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OndrejMatej

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Re: What self defence means in your region
« Reply #14 on: March 17, 2018, 06:39:24 pm »

protection of yourself, either by fighting or discussion and practical self-defence and personal safety awareness courses for people of all ages.
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Self Defence Classes London
 

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