Self-Defence Lawyers Sydney
We are the criminal lawyers who are experts in self-defence.
Our expert criminal lawyers, with 500+ five-star Google reviews, can help you be found not guilty based on self-defence.
We offer fixed fees, free first conferences, and guaranteed representation from a criminal lawyer with at least 5 years of experience raising self-defence at criminal trials.
Does self-defence exist in NSW?
The defence of self-defence is found in sections 418-423 of the Crimes Act 1900 NSW and sections 10.4 and 13.3 of the Commonwealth Criminal Code 1995.
If self-defence is made out, then you will be found not guilty of the crime that you are charged with.
What is it that you are required to be defending?
Self-defence is not limited to when you are defending yourself from an assault. It also includes conduct necessary to:
- Defending yourself.
- Defending another person.
- Preventing or terminating the unlawful deprivation of liberty.
- Protecting property from unlawful taking, destruction, damage or interference.
- Preventing criminal trespass to any land or premises or to remove a person committing any such criminal trespass.
When is self-defence raised?
Self-defence is raised when the following two ‘limbs’ are raised:
- You believed your conduct was necessary in order to defend yourself; and
- Your conduct was a reasonable response in the circumstances as you perceived them.
What is considered for the first limb?
In relation to the first limb, it only matters what your belief was at the time you carried out the conduct. It does not matter if, in hindsight, you realise such conduct was not actually necessary.
Similarly, it does not actually matter that your response was actually reasonable. The critical question is whether or not you believed the conduct was necessary at the time of the alleged offending. Even if you were mistaken about the threat, a court would still be required to consider the reasonableness of your response in the circumstances that you mistakenly perceived them.
What is considered for the second limb?
The second limb involves an objective assessment of the proportionality of your response to the situation you subjectively believed.
The court assesses the reasonableness of your response in the circumstances that you perceived them to be.
Will the court consider my personal characteristics and circumstances?
The court will consider your age, strength, health, other personal characteristics, and how your past experiences may inform your belief about what conduct was necessary to defend yourself.
The court will also consider your beliefs about the alleged victim. For example, if you believed the alleged victim to be violent or prone to carrying weapons, as well any threat (direct or indirect) you believe to have been made by the alleged victim.
When is self-defence raised?
For self-defence to be raised, there must be some evidence capable of supporting a reasonable doubt in relation to both limbs of self-defence. However, you are not required (although you may) to give evidence in your trial because inferences about your acts and belief may be drawn from other evidence.
What do the police need to prove once self-defence is raised?
The police must prove beyond reasonable doubt either:
- You did not believe your conduct was necessary to defend yourself; or
- Your conduct was not a reasonable response in the circumstances as you perceived them.
What offences is self-defence available for?
Some of the types of assault and violence offences that self-defence is available for include:
- Affray
- Assault occasioning actual bodily harm
- Assaulting a police officer
- Common assault
- Domestic Violence
- Recklessly cause grievous bodily harm
- Recklessly cause wounding
- Wounding or grievous bodily harm with intent
Is self-defence available for murder?
Self-defence is available to defend a murder charge, except for where it involves the intentional or reckless infliction of death only to protect property, or to prevent criminal trespass, or to remove a criminal trespasser.
If the court finds the first limb is satisfied, in that you believed your conduct was necessary, but not the second limb that your response was a reasonable response to the threat as you perceived it, then you will be not guilty to murder but guilty of manslaughter. This is known as manslaughter by excessive self-defence.
Contact Australian Criminal Law Group
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