* (b) is committing or has committed an offence, (d) to prevent a home invader from committing, or make a home invader stop committing, an offence in the dwelling or on or in an associated place.Ī person is a “home invader” for the purposes of subsection (1) if the occupant believes, on reasonable grounds, that the person. * (ii) wrongfully in the dwelling or on or in an associated place * (i) attempting to wrongfully enter the dwelling or an associated place or (c)to make effectual defence against violence used or threatened in relation to a person by a home invader who is. (b) to cause a home invader who is wrongfully in the dwelling or on or in an associated place to leave the dwelling or place (a)to prevent a home invader from wrongfully entering the dwelling or an associated place (1) It is lawful for a person (“the occupant”) who is in peaceable possession of a dwelling to use any force or do anything else that the occupant believes, on reasonable grounds, to be necessary You know there is a state called WESTERN AUSTRALIA?!?! (c) psychological or psychiatric injury and
(2) The occupant or invitee is not civilly liable for any personal injury or property damage suffered by the intruder, or by anyone else claiming under or through the intruder, caused by, through or in connection with the occupant or invitee acting against the intruder in the way authorised.
Queensland’s QLD Occupants (Home Invasion) Protection Bill 2002 Part 3 Section 10 goes a bit further, in that it provides immunity from civil liability for people who incur injury to intruders: This, however, is not applicable in Victoria, under Subsections 9AC and 9AE of the state’s Crimes Act. In New South Wales and South Australia, if excessive force was used and an intruder is killed in the process, in some circumstances the charges can be reduced from ‘murder’ to ‘manslaughter’.
South Australia’s law on this is also quite similar, as stipulated in Section 15A of the SA Criminal Law Consolidated Act 1935 and the same goes for Western Australia under its under Criminal Code Amendment (Home Invasion) Bill 2000 along with Tasmania based on Section 39 of its Criminal Code. (d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,Īnd the conduct is a reasonable response in the circumstances as he or she perceives them. (c) to protect property from unlawful taking, destruction, damage or interference, or (b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or (a) to defend himself or herself or another person, or For example, under section 418(2) of the NSW Crimes Act 1900, a person is not guilty of an offence if they were:
With that said, each state has their own amendments when it comes to what constitutes as self defence. If you claim you acted in self defence in a murder trial, the prosecution will have to prove beyond reasonable doubt that you didn’t, otherwise it would result in a “not guilty” verdict. Over here in Australia, we don’t have anything like the Castle Doctrine but, under criminal law, self-defence is a totally legitimate excuse when defending in court against charges of causing bodily harm or death.īroadly speaking, this is valid across all states in the country.