Assaults 2

Question 1

What are the common defences to

Assault

Answer 1

Consent

Amicable contest

Misadventure or accident

Execution of the law

Lawful correction or chastisement

Self Defence

Question 2

Outline

s322K CA 1958

(self defence used by the accused)

Answer 2

(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

Question 3

Outline

s322M CA 1958

(self defence used by the accused in FV circumstances)

Answer 3

1. W/O limiting s322K for the purposes of an offence in circumstances where self defence in the context of FV is an issue

a person may believe that the persons conduct is necessary in self defence

and the conduct maybe a reasonable response in the circumstances as the person perceives them, even if -

a) the person is responding to a harm that is not immediate OR
b) the response involves the use of force in excess of the force involved in the harm or threatened harm

2. W/O limiting the evidence that may be adduced in circumstances where self defence in the context of FV is an issue, evidence of family violence may be relevant in determining whether -

a) a person has carried out conduct while believing it to be necessary in self defence OR
b) the conduct is a reasonable response in the circumstances as a person perceives them

Question 4

Outline the Onus of Proof when accused raises self-defence as an issue

who must prove BRD

Answer 4

The accused need only point to evidence that suggests a reasonable possibility of the existence of facts that, if they existed

would establish self-defence

It is then up to Pros to prove BRD that they either

• believed it was necessary to do what they did to defend themselves OR
• their conduct was not a reasonable response in the circumstance as they perceived them