Self-defence is a defence available to an accused in a crime of manslaughter, homicide or physical assault. This defence stems from the right of every individual to defend himself, his family his rights and his property. An accused who relies on self-defence to defeat a criminal charge actually admits having committed the overt acts that resulted in the death or grievous bodily injury of the victim of the crime. However, despite his admission of having committed the overt acts, he also seeks to justify himself.
For self-defence to be a viable defence, the accused has to prove that the victim committed unlawful aggression against him or against any member of his family. The defendant must also prove that the victim also pleads that the he did so without premeditation but only responded to aggression exhibited against him by the victim. The accused must also prove that the unlawful aggression directed by the victim against him was not due to any provocation on his part. Most of all, the accused must prove that the overt acts he committed were necessary to defend himself and that the force he used was objectively reasonable to prevent or repel the unlawful aggression. It is important that the accused who relies upon self-defence must prove that his acts were not motivated by any desire for revenge or resentment.
One example is when an armed man wearing a ski mask enters a man’s home where he, his wife and his children were taking their dinner. The man grapples for the armed intruder’s gun. While they were struggling, the gun goes off and the armed intruder dies from the gunshot wound he sustained. In this instance, the man was merely protecting his right to be safe within his own home. He was also protecting the safety and bodily integrity of his wife and children. The intruder entered his home with a loaded gun. This is unlawful aggression because the man entered the home without the homeowner’s knowledge or consent. He also waved a loaded gun around and he wore a mask to prevent the homeowner recognizing him. When the homeowner grappled and struggled with the armed intruder for possession of the gun, he was using reasonable force to repel the invasion of his home. The homeowner had no motivation of resentment or revenge when he used force against the armed intruder. The death of the armed intruder at the hands of the homeowner can be said to be an act of self-defence.
If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne,criminal lawyers Perth
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.