Self-defence is the most well-known of all the criminal offences. Our criminal lawyers are experts in raising this defence in Local Court, District Court and Supreme Court trials. Whether murder or a common assault, we are across the intricacies of the law. Our criminal lawyers ensure that our clients are properly advised on self-defence so it can properly be raised in their cases to the frustration of police and prosecutors. 

What is self-defence?

Self-defence is a defence to murders, assaults, and most other crimes. Self-defence operates to free you from criminal liability in circumstances where you would have otherwise committed an offence. 

The test for self-defence has two ‘limbs.’ Both ‘limbs’ must be satisfied for self-defence to be successfully raised. 

The first ‘limb’ provides you will have acted in self-defence if you believe that your conduct is necessary:

  • To defend yourself or another person; or
  • To prevent or terminate the unlawful deprivation of your 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’ provides that the conduct is a reasonable response in the circumstances as you perceived them.

The first limb

The legal question for the first limb of the test for self-defence is whether there is a reasonable possibility that you believed your conduct was necessary in order to defend yourself, someone else, or your property.

This question is determined from a completely subjective point of view and takes into account your personal characteristics. It involves considering what you were thinking. Intoxication can be considered as part of your belief.

The second limb

The second limb of the test is determined by an entirely objective assessment of the proportionality of your response to the situation you believed you faced. In other words, was the conduct a reasonable response to the circumstances as you perceived them.

In considering whether your response was reasonable to the situation as you perceived it, some factors particular to you may be taken into account. These include the surrounding physical circumstances in which you acted as well as age, gender and health.

Reasonable Doubt

Once our criminal lawyers raise self-defence the prosecution must prove that you were not acting in self-defence beyond a reasonable doubt.

Testimonials

Definitely recommend Steven. An absolute professional and motivated individual who delivers. Would highly recommend to anyone.

Andrew Huynh Avatar
Andrew Huynh
2/26/2020

l8 Joseph from AC Law Group Parramatta was absolutely amazing. He gathered all the information and invested a lot of time... read more

Belinda Adair Avatar
Belinda Adair
12/23/2019

small Joseph was amazing and always reassuring! We are truly blessed to have had him as our Lawyer and got the... read more

Gabrielle Roneen Avatar
Gabrielle Roneen
12/23/2019

Would highly recommend!

Steven Mercael, is the go to man! I was in a difficult case and Steven went up against...
read more

Aska Ascari Avatar
Aska Ascari
12/11/2019

When you need help you need the best help. AC LAWYERS are second to none. They represent you with all... read more

M Alshaer Avatar
M Alshaer
12/10/2019

My cancel was handled by Joseph and I was extremely happy wit the outcome. In fact we got what we... read more

Jalal Muhammad Avatar
Jalal Muhammad
9/25/2019

Don’t wait.
Get in touch now.

CONTACT US