How Can Assault Lawyers Apply Self-Defence?
Often, our assault lawyers are asked how they can use self-defence to prove innocence in an assault charge.
In Western Australia, self-defence is a legally recognised justification for using force to protect oneself, others or property from harm. However, its application in assault cases is nuanced and subject to specific legal criteria.
Chambers Legal has a team of experienced assault lawyers who can advise you as to whether self-defence would be an appropriate avenue for you.
If you would like to speak with us, you can call (08) 9500 8915 or email us at [email protected].
Alternatively, you can book a free 15 minute phone consultation.
Legal Framework of Self-Defence
Under Section 248 of the Criminal Code Act Compilation Act 1913, self-defence is defined as follows:
- Harmful Act Response: The act must be in response to another harmful act directed at the person claiming self-defence or in defence of another individual.
- Reasonable Belief: The accused must believe that their actions were a reasonable response in the circumstances as they perceived them at the time.
- Reasonable Grounds: There must be reasonable grounds for the accused’s belief that their response was necessary.
These criteria collectively ensure that the use of force in self-defence is both necessary and proportionate to the threat faced.
Proportionality and Reasonableness
The concept of “reasonable force” is key to self-defence claims. This means that the force used must be proportionate to the nature of the threat.
For instance, responding to a non-lethal threat with lethal force may be deemed excessive and unreasonable.
Each case is assessed on its specific facts to determine whether the force applied was appropriate for the circumstances.
Burden of Proof
When self-defence is raised in a trial, the accused bears an evidential burden to present or highlight evidence suggesting that self-defence is applicable. Once this is established, the prosecution must then disprove the claim beyond reasonable doubt.
If the prosecution fails to do so, the accused is entitled to an acquittal.
Excessive Self-Defence
In situations where the force used exceeds what is deemed reasonable, the defence of excessive self-defence may apply.
This partial defence acknowledges that while the accused believed they needed to defend themselves, their response was disproportionate to the threat.
Successfully invoking excessive self-defence can, for example, reduce a murder charge to manslaughter.
How an Assault Lawyer Argues Self-Defence in Court
In Western Australia, the legal boundaries of self-defence were examined in the case of Sonny Poutu, a 19-year-old who fatally stabbed his older brother, Dwayne Poutu, in the rural town of Jerramungup. The incident occurred in December 2018 after a day of heavy drinking, culminating in a physical altercation between the siblings.
During the trial, Sonny Poutu’s lawyers argued that he acted in self-defence, claiming he feared for his safety during the confrontation. However, the prosecution contended that the force used was excessive and not proportionate to the threat faced.
The Supreme Court found Sonny Poutu guilty of manslaughter, determining that while he may have perceived a need to defend himself, the level of force applied exceeded what was reasonably necessary, constituting excessive self-defence.
Consequently, he was sentenced to five years’ imprisonment.
This case underscores the legal principle that self-defence must be both necessary and proportionate to the threat encountered.
Find an Assault Lawyer
Self-defence serves as a crucial legal protection, allowing individuals to safeguard themselves and others from harm.
To be applied successfully in assault cases, there must be necessity and proportionality in the force used. Understanding this nuance is essential for anyone seeking to invoke self-defence.
Chambers Legal’s assault lawyers understand that facing an assault charge can be a difficult and daunting process for the defendant and those closest to them.
Our team prides itself on working with integrity and transparency, with fair and honest pricing and proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been accused of assault but feel as though your actions were in self-defence, please contact Chambers Legal for advice. We can be reached on (08) 9500 8915 or at [email protected]. If you would rather, you can book a free 15 minute phone consultation.