Self-Defence

Self-defence operates when an accused has committed a crime to protect themselves, someone else, or their property.

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There are two basic limbs that must be established for self-defence to be successfully proven.

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1.  Is there a reasonable possibility that the accused believed that his or her conduct was necessary to defend himself or herself?
   
   This belief is entirely subjective, the accused need not have reasonable grounds for the belief. The accused must have genuinely believed their conduct was necessary to protect themselves, someone else, or their property. In the case of property, you could act in self-defence to prevent it from being taken, damaged, or destroyed, or prevent someone from trespassing.
   
   
   

2. If there is, is there also a reasonable possibility that what the accused did was a reasonable response to the circumstances as he or she perceived them?
   
   Imminence and proportionality are relevant considerations. The more unreasonable the circumstances, for example, if there was no imminent threat, the more likely the conclusion the belief was not an honest one.
   
   The response of the accused should be objectively proportionate to the situation which they subjectively believed warranted their conduct in self-defence.