Published On Premiered Jun 8, 2024
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The Defence of Self-Defence (WA)
In a criminal trial, the accused is presumed to be innocent of the charge/s against them unless proven otherwise. An accused can raise the defence of self-defence if they believe an act was necessary in all the circumstances to defend themselves or another person from a harmful act. This article outlines how the defence of self-defence operates in Western Australia.
Elements of Self-Defence
The elements of self-defence are established under section 248 of the Criminal Code Act Compilation Act 1913 which states:
(2) A harmful act done by a person is lawful if the act is done in self-defence under subsection (4);
(…)
(4) A person’s harmful act is done in self-defence if –
The person believes the act is necessary to defend the person or another person from a harmful act, including a harmful act that is not imminent; and
The person’s harmful act is a reasonable response by the person in the circumstances as the person believes them to be; and
There are reasonable grounds for those beliefs.