Self-Defence

SELF-DEFENCE

The legal defence of self-defence is enshrined in Section 418 of the Crimes Act 1900 (NSW), which prescribes that a person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.

The legislation states that a person carries out conduct in self-defence 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,

and the conduct is a reasonable response in the circumstances as he or she perceives them.