LAW5001 Chap.4 Self-Defence
Self-Defence
Self-Defence is taught through Crimes Act sections 322G to 322N and related Jury Directions Act provisions. The defence should be analysed after the prima facie offence. State the current statutory test, identify evidence about the accused perception and purpose, assess the response and compare the prosecution and defence inferences.
Fear, use of an object or a single dramatic fact cannot substitute for the complete statutory inquiry.
What this chapter covers
- 01
The prima facie offence before the defence
- 02
The current statutory self-defence provisions
- 03
Evidence about the perceived threat and accused purpose
- 04
Assessment of the response under the governing test
- 05
Jury directions and identification of the live defensive issue
- 06
Separate treatment of conduct after the threat changes
Worked example · free
A single strike after a perceived reach
- 1Complete the elements of the non-fatal offence supported by the strike.
- 1State the current statutory self-defence test.
- 1Apply the threats, pursuit and reach to perception and purpose.
- 2Apply the object used, single blow and stopping point to the response.
- 1Compare the inferences and state the factual issue that controls the conclusion.
Key terms
- Prima facie offence
- The offence established on its elements before a defence is applied to the facts.
- Perceived threat
- The threat the accused says informed defensive conduct, assessed under the current statutory framework and evidence.
- Defensive purpose
- The purpose attributed to the conduct when applying the governing self-defence provision.
- Response evidence
- Facts such as timing, force, object used, number of acts and stopping point that inform the statutory assessment.
- Jury direction
- A legal direction addressing the live issue for the tribunal of fact under the Jury Directions Act.
Self-Defence FAQ
What evidence should be placed on a defence timeline?
Record the threat perceived, information available to the accused, movements, distance, objects, each responsive act and any corroboration. The timeline helps show when circumstances changed and why separate phases may require different conclusions.
Should self-defence be analysed before the offence?
No. Establish the prima facie offence first, including its physical and mental elements. Then apply the statutory defence. This prevents defensive facts from obscuring what the prosecution must initially prove.
Does being afraid establish self-defence?
Fear may be evidence about the accused perception, but it is not the complete statutory test. State and apply every required proposition, including the nature of the response and the evidence supporting the account.
Does use of a weapon automatically defeat the defence?
No automatic conclusion follows from the object alone. It is relevant evidence about the response and circumstances. Apply the current statute to the threat, timing, manner and extent of the conduct.
Can later blows be analysed separately?
Yes. If the threat changes, conduct at different stages may require separate offence and defence analysis. Do not assume a defence applying to an initial act necessarily covers everything that follows.
Exam move
Write the self-defence provision as a set of questions, then create an evidence column for each. Sort threats, distance, movements, objects, number of blows, opportunity to stop and corroboration into the question they actually answer. Practise two-phase scenarios in which the initial response may differ from later conduct. Use the jury-direction material to identify the precise issue raised, not to add a generic paragraph.
Finish each practice answer with the factual dispute that a tribunal must resolve and a conclusion calibrated to that dispute. Begin every drill by completing the prima facie offence in a short box. This keeps the defence from silently replacing analysis of conduct, fault or causation. Then build a time strip with the accused perception above the line and the physical response below it.
Add each new fact at the moment it becomes available; later knowledge must not be projected backward. For a weapon scenario, change the object, distance and number of acts one at a time. Explain which statutory proposition the variation affects rather than saying that the whole defence becomes stronger or weaker. Mark evidence as direct, circumstantial, disputed or absent.
A claimed fear, a witness observation and incomplete footage may bear on the same issue but have different limits. Practise writing a split conclusion where the first act and later conduct receive separate treatment. The final paragraph should state the supported prosecution offence, the exact statutory defence questions, the strongest fact on each side and the unresolved factual issue.
During open-book preparation, tab the current defence provision, assigned authorities and jury-direction material separately. Use the cases to sharpen application to a raised issue, not to reproduce a historical essay detached from the statutory language.
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