29Defensive conduct justified

29 Defensive conduct justified (1) Defensive conduct is justified and a person who does, makes or causes an act, omission or event by engaging in defensive conduct is not criminally responsible for the act, omission or event. (2) A person engages in defensive conduct only if: (a) the person believes that the conduct is necessary: (i) to defend himself or herself or another person; (ii) to prevent or terminate the unlawful deprivation of his or her or another person's personal liberty; (iii) to protect property in the person's possession or control from unlawful appropriation, destruction, damage or interference; (iv) to prevent trespass to land or premises occupied by or in the control of the person; (v) to remove a trespasser from land or premises occupied by or in the control of the person; or (vi) to assist a person in possession or control of property to protect that property or to assist a person occupying or in control of land or premises to prevent trespass to or remove a trespasser from that land or premises; and Criminal Code Act 1983 24 (b) the conduct is a reasonable response in the circumstances as the person reasonably perceives them. (3) A person does not engage in defensive conduct if the conduct involves the use of force intended to cause death or serious harm: (a) to protect property; or (b) to prevent trespass or remove a trespasser. (4) For the purposes of subsections (2) and (3), a person trespasses if he or she enters or remains on land or premises: (a) with intent to commit an offence; or (b) in circumstances where the entry on to or remaining on the land or premises constitutes an offence. (5) A person does not engage in defensive conduct if: (a) he or she is responding to the lawful conduct of another (b) he or she knows that the other person's conduct is lawful. (6) Nothing in subsection (5) is to be taken to prevent a person from engaging in defensive conduct in circumstances where the other person's conduct is lawful merely because he or she would be excused from criminal responsibility for that conduct. (7) Sections 31 and 32 do not apply in relation to defensive conduct.