Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 10 - Circumstances involving external factors  

SECTION 10.4   Self-defence  

(1)  
A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in self-defence.

(2)  
A person carries out conduct in self-defence if and only if he or she believes the conduct is necessary:


(a) to defend himself or herself or another person; or


(b) to prevent or terminate the unlawful imprisonment of himself or herself or another person; or


(c) to protect property from unlawful appropriation, destruction, damage or interference; or


(d) to prevent criminal trespass to any land or premises; or


(e) to remove from any land or premises a person who is committing criminal trespass;

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

(3)  
This section does not apply if the person uses force that involves the intentional infliction of death or really serious injury:


(a) to protect property; or


(b) to prevent criminal trespass; or


(c) to remove a person who is committing criminal trespass.

(4)  
This section does not apply if:


(a) the person is responding to lawful conduct; and


(b) he or she knew that the conduct was lawful.

However, conduct is not lawful merely because the person carrying it out is not criminally responsible for it.




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