Self-Defence & Defence of Others
Self Defence” or “Defence of Others” as Legal Defence
You are not guilty of an offence if the act you committed was done for the purpose of protecting yourself or another person and the act was reasonable in the circumstances.
You were justified in applying force to another person if:
- You reasonably believed that either force or the threat of force was being used against you or another person;
- The act you committed was done for the purpose of defending or protecting yourself or the other person;
- The act you committed was reasonable in the circumstances.
In every case, if there is an air of reality to you having committed the act either in self-defence or the defence of another person, the judge or jury has to be satisfied beyond a reasonable doubt that you were not acting in self-defence or defence of another in order to find you guilty.
The court is required to consider that in the heat of the moment, it is often not possible to measure the necessary and appropriate amount of force to use to defend oneself or another. It is therefore recognized that a person in a threatening situation need not “weigh to a nicety” precisely how much force is necessary.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.