THE COMPLETE GUIDE TO SELF-DEFENCE IN NSW: THE LAW.
Self-defence is a complete defence to criminal offences that if successful results in not guilty verdicts. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing not guilty verdicts via the defence of self-defence for clients who have been charged with serious criminal offences.
If you or anyone you know have been accused or charged with a criminal offence, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation, so that we may assess the best defences available to you.
WHAT IS THE COMPLETE DEFENCE OF SELF-DEFENCE?
Self-defence is a complete defence, meaning that if it is successful it results in an acquittal of the criminal charge. This is unlike partial defences, which reduce the sentence associated with a guilty verdict.
THE TWO LIMBS OF SELF-DEFENCE
There are two limbs that must be satisfied for the successful absolving of criminal responsibility through the defence of self-defence.
The first limb involves the subjective limb of necessity, with Section 418 of the Crimes Act 1900 (NSW) constituting the defence of self-defence occurring if and only if the person believes the conduct is necessary:
- to defend himself or herself or another person, or
- to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
- to protect property from unlawful taking, destruction, damage or interference, or
- to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass.
The second limb is an objective test and requires that the conduct is a reasonable response in the circumstances as he or she perceives them.
WHEN DOES SELF-DEFENCE NOT APPLY?
The complete defence of self-defence is not available in every scenario.
Section 420 of the Crimes Act 1900 (NSW) precludes the availability of self-defence as a complete defence if the accused used force that involved the intentional or reckless infliction of death only:
- To protect property, or
- To prevent criminal trespass or to remove a person committing criminal trespass.
DOWNGRADE TO MANSULAUGHTER
Section 421 of the Crimes Act 1900 (NSW) states that an accused is not criminally responsible for murder but, on a trial for murder, the accused is to be found guilty of manslaughter if the person is otherwise criminally responsible for manslaughter if:
- The person uses force that involves the infliction of death, and
- The conduct is not a reasonable response in the circumstances as he or she perceives them,
but the person believes the conduct is necessary:
- To defend himself or herself or another person, or
- To prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person.
ONUS OF PROOF FOR SELF-DEFENCE
If the defence of self-defence is raised, the onus of proof is on the prosecution to prove, beyond reasonable doubt, that the person did not carry out the conduct in self-defence.
CAN I GET BAIL WHILE SELF-DEFENCE IS ARGUED?
Yes, you may be granted bail whilst your criminal matter is in progress. Our expert bail lawyers at Criminal Lawyers Group were awarded the best law firm in Australia for securing bail for our clients who have been charged with serious criminal offences.
PRINCIPAL LAWYER MR STEVEN MERCAEL SECURES NOT GUILTY VERDICT THROUGH SELF-DEFENCE
Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured another Not Guilty verdict for a woman who had been charged with the criminal offence of common assault.
The woman maintained her innocence and Mr Mercael argued the complete defence of self-defence
In addressing the media outside court, Mr Mercael stated, “I knew that justice would prevail and my client can now move on with her life.”
This result is among the latest of a continuous record of Not Guilty verdicts achieved by Mr Mercael and Criminal Lawyers Group, who were recently awarded the titles of Best Criminal Lawyers in Sydney and NSW.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with serious criminal offences.