Can I Rely on Self-Defence?

If you have been charged with a criminal offence involving violence, you may be wondering whether you can rely on self-defence. 

Self-defence is a recognised legal defence in Victoria and, where it applies, can result in a person being found not guilty.

However, simply claiming that you acted in self-defence does not automatically mean the defence will succeed.

What Is Self-Defence?

Self-defence allows a person to use force to protect themselves, another person or, in some limited circumstances, property. The law recognises that people are entitled to defend themselves if they are faced with unlawful violence or believe they are in danger.

The amount of force used must be reasonable in the circumstances as the accused believed them to be. This means the court considers both what the accused honestly believed at the time and whether their response was reasonable in light of that belief.

Self-defence is often raised in assault matters, but it can apply to a wide range of criminal offences involving the use of force.

Do You Have to Wait Until You Are Hit?

No.

A person does not have to wait until they have been assaulted before acting in self-defence. If you honestly believed you were about to be attacked and your response was reasonable in the circumstances, the defence may still be available.

Whether that belief was genuinely held and whether the force used was reasonable will depend on all of the evidence.

How Much Force Can You Use?

There is no simple rule about how much force is permitted.

The law does not require a person to measure their response with perfect precision in a stressful situation. However, the force used must be proportionate to the threat that was perceived.

For example, using reasonable force to push someone away during an altercation may be lawful. On the other hand, continuing to assault someone after the threat has ended is unlikely to be protected by self-defence.

Every case turns on its own facts.

Who Has to Prove Self-Defence?

Many people believe they must prove they acted in self-defence. That is not how the law works.

Once self-defence is properly raised by the evidence, the prosecution must prove beyond reasonable doubt that the accused was not acting in self-defence. If the prosecution cannot do so, the accused must be found not guilty.

This is one of the reasons why obtaining legal advice is so important. A lawyer can identify whether self-defence is available and ensure the evidence supporting the defence is properly presented.

What Evidence Can Support a Claim of Self-Defence?

Self-defence often depends on the surrounding evidence rather than a single piece of proof.

Evidence may include CCTV footage, body-worn camera footage, witness statements, photographs of injuries, medical records, text messages, telephone recordings or other material showing what occurred before, during and after the incident.

In some cases, the accused’s own evidence may also be important in explaining what they believed at the time and why they acted as they did.

Can Self-Defence Apply in Family Violence Cases?

Yes.

Self-defence can arise in family violence matters where a person has acted to protect themselves or another person from violence or the threat of violence. These cases can be particularly complex because they often involve conflicting accounts, ongoing relationships and allegations made by both parties.

The availability of self-defence will depend on the particular circumstances of each case and should be carefully assessed before deciding how to respond to the charges.

Why Legal Advice Matters

Whether self-defence is available is rarely straightforward. It requires a careful analysis of the evidence, the legal principles and the circumstances surrounding the incident.

In some cases, self-defence may provide a complete answer to the charge. In others, it may not be available at all. Obtaining legal advice early can help you understand your options and avoid making decisions that may affect the outcome of your case.

Speak to Wilkinson Lawyers

If you have been charged with assault or another violent offence and believe you acted in self-defence, it is important to obtain legal advice as soon as possible. At Wilkinson Lawyers, we regularly advise and represent clients who raise self-defence in criminal proceedings throughout Victoria. We can assess the evidence, explain whether the defence may apply and prepare your case to achieve the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.