QLDIn ForceAct
Evidence Act 1977
sec.103ZADirection about self-defence in response to domestic violence
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### sec.103ZA Direction about self-defence in response to domestic violence
If the judge in a criminal proceeding is directing the jury about self-defence in response to domestic violence, the judge may inform the jury that—
self-defence is, or is likely to be, an issue in the proceeding; and
as a matter of law, evidence of domestic violence may be relevant to determining whether the defendant acted in self-defence; and
evidence in the trial is likely to include evidence of domestic violence committed by the victim against the defendant or another person whom the defendant was defending.
The judge may also inform the jury that, as a matter of law, evidence that the defendant assaulted the victim on a previous occasion does not mean that the defendant could not have been acting in self-defence in relation to the offence charged.
s 103ZA ins 2023 No. 1 s 67
(sec.103ZA-ssec.1) If the judge in a criminal proceeding is directing the jury about self-defence in response to domestic violence, the judge may inform the jury that— self-defence is, or is likely to be, an issue in the proceeding; and as a matter of law, evidence of domestic violence may be relevant to determining whether the defendant acted in self-defence; and evidence in the trial is likely to include evidence of domestic violence committed by the victim against the defendant or another person whom the defendant was defending.
(sec.103ZA-ssec.2) The judge may also inform the jury that, as a matter of law, evidence that the defendant assaulted the victim on a previous occasion does not mean that the defendant could not have been acting in self-defence in relation to the offence charged.
- (a) self-defence is, or is likely to be, an issue in the proceeding; and
- (b) as a matter of law, evidence of domestic violence may be relevant to determining whether the defendant acted in self-defence; and
- (c) evidence in the trial is likely to include evidence of domestic violence committed by the victim against the defendant or another person whom the defendant was defending.