LAWS5004 Study Guide - Final Guide: Oxygen-17, Partial Defence, Homicide
Document Summary
Self-defence (and excessive self-defence) (i) general: history & reform (1) history of self-defence: at common law, a person is justified in using some force in legitimate self-defence. To act in self-defence is to act lawfully, and thus it is a (cid:272)o(cid:373)plete (cid:858)defe(cid:374)(cid:272)e(cid:859) to (cid:272)(cid:396)i(cid:373)i(cid:374)al lia(cid:271)ilit(cid:455) with the onus falling on the prosecution to negative self-defence. The common law doctrine limits the use of force to the situation where: the defendant is faced with a threat which makes the use of force necessary, and the amount of force used is not excessive in the circumstances. The zecevic test: zecevic v dpp (1987) 162 clr 645. [facts: after an altercation with his neighbour, d followed v to his apartment and broke the glass on the door when he knocked. V stabbed d in the chest and threatened him that he would blow his head off.
