CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15
15—Self defence
(1) It is a defence to a charge of an offence if—
(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and
(b) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist 1 .
(2) It is a partial defence to a charge of murder (reducing the offence to manslaughter) if—
(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but
(b) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist. 2
(3) For the purposes of this section, a person acts for a "defensive purpose if the person acts—
(a) in self defence or in defence of another; or
(b) to prevent or terminate the unlawful imprisonment of himself, herself or another.
(4) However, if a person—
(a) resists another who is purporting to exercise a power of arrest or some other power of law enforcement; or
(b) resists another who is acting in response to an unlawful act against person or property committed by the person or to which the person is a party,
the person will not be taken to be acting for a defensive purpose unless the person genuinely believes, on reasonable grounds, that the other person is acting unlawfully.
(5) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15A
15A—Defence of property etc
(1) It is a defence to a charge of an offence if—
(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable—
(i) to protect property from unlawful appropriation, destruction, damage or interference; or
(ii) to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or
(iii) to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and
(b) if the conduct resulted in death—the defendant did not intend to cause death nor did the defendant act recklessly realising that the conduct could result in death; and
(c) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist 1 .
(2) It is a partial defence to a charge of murder (reducing the offence to manslaughter) if—
(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable—
(i) to protect property from unlawful appropriation, destruction, damage or interference; or
(ii) to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or
(iii) to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and
(b) the defendant did not intend to cause death; but
(c) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist. 2
(3) For the purposes of this section, a person commits a criminal trespass if the person trespasses on land or premises—
(a) with the intention of committing an offence against a person or property (or both); or
(b) in circumstances where the trespass itself constitutes an offence or is an element of the offence.
(4)If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15B
15B—Reasonable proportionality
A requirement under this Division that the defendant's conduct be (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist does not imply that the force used by the defendant cannot exceed the force used against him or her.
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15C
15C—Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion
(1) This section applies where—
(a) a relevant defence would have been available to the defendant if the defendant's conduct had been (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist (the "perceived threat ); and
(b) the victim was not a police officer acting in the course of his or her duties.
(2) In a case to which this section applies, the defendant is entitled to the benefit of the relevant defence even though the defendant's conduct was not (objectively) reasonably proportionate to the perceived threat if the defendant establishes, on the balance of probabilities, that—
(a) the defendant genuinely believed the victim to be committing, or to have just committed, home invasion; and
(b) the defendant was not (at or before the time of the alleged offence) engaged in any criminal misconduct that might have given rise to the threat or perceived threat; and
(c) the defendant's mental faculties were not, at the time of the alleged offence, substantially affected by the voluntary and non-therapeutic consumption of a drug.
(3) In this section—
"criminal misconduct" means conduct constituting an offence for which a penalty of imprisonment is prescribed;
"drug" means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;
"home invasion" means a serious criminal trespass committed in a place of residence;
"non-therapeutic"—consumption of a drug is to be considered non-therapeutic unless—
(a) the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or
(b) the drug is of a kind available, without prescription, from registered pharmacists, and is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions;
"relevant defence" means a defence under section 15(1) or section 15A(1).