322KSelf-defence

322K Self-defence

(1) A person is not guilty of 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—

(a) the person believes that the conduct is necessary in self-defence; and

(b) the conduct is a reasonable response in the circumstances as the person perceives them.

(3) This section only applies in the case of murder if the person believes that the conduct is necessary to defend the person or another person from the infliction of death or really serious injury.

1 See section 322M as to belief in circumstances where family violence is alleged.

2 The circumstances in which a person may carry out conduct in self-defence include—

• the defence of the person or another person;

• the prevention or termination of the unlawful deprivation of the liberty of the person or another person;

• the protection of property.

S. 322L inserted by No. 63/2014 s. 4.