Violent Offences

Violent Offences - Criminal Law Defences

• Common assault, which carries a maximum penalty of two years imprisonment, and
• Assault occasioning actual bodily harm, which can result in up to five years in prison.

• Intention or Recklessly causing grievous bodily harm; and
• Wounding

418 Self-defence--when available

(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.

There is a common perception that you can act in Self-Defence of yourself and /or others when there is danger present.

Whilst this is true you must be aware of just when and how you can claim Self-Defence.

The law in NSW states Self-Defence is available only if the person believes the conduct is necessary--

1. to defend himself or herself or another person, or
2. to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
3. to protect property from unlawful taking, destruction, damage or interference, or
4. 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.

There are 2 questions to answer YES to for a finding of Self-Defence at Law.

Question 1 was your conduct necessary?

This considers your personal attributes such as: -

• Age
• Sex
• Mental/physical impairment
• What you know about the person you are defending yourself against ie: history of violence etc….
• Your level of intoxication
• Your personnel perception of the matter given the situation at the time

Once this is all considered the answer must be you were in fear AND the fear was of immediate danger. 

Question 2 was your response reasonable?

 Exactly what is reasonable is where most of the law is focused. Reasonable is seen as a reasonable person. Personal attributes are not the key in the second question. Instead it will focus on the proportionality of your response.

To satisfy question 2 the reasonableness of your response will align with what a reasonable person would also do given the danger and circumstances

Only if the answer to the 2 questions is YES will a defence of Self-Defence succeed.

All personal violent offences are serious, if you are charged with a Violent offence contact Houston Defence Lawyers. We are dedicated to protecting clients' rights and reputation. We bring years of experience and expertise to defend cases vigorously, aiming for positive outcomes such as charge withdrawal, downgrading, dismissal, or minimal penalties. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.