A The Origins of Self-defence Self-defence is one of the most established criminal defences,22 traced back in English law to at least the thirteenth century.23 The modern form of self-defence originated from two concepts, the excuse of se defendendo and the justification of felony prevention.24. Current Law on Self Defence. Self-Defence is not a "Defence" Once self-defence is raised, the issue is whether the Crown has established that the accused was not acting in self-defence. In R v Dziduch (1990) 47 A Crim R 378, Hunt J said at 380: "The issue of whether the Crown had established that the accused was not acting in self defence.
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Although the laws of self-defence vary across Australia, most laws require in essence that the person believed on reasonable grounds that it was necessary in self-defence to do what they did. And.. This page deals with the defence of self-defence. Legislation. The defence of self-defence is set out in the criminal law legislation of different states and territories and elaborated on in Australian case law. The leading case on self-defence in Australian is the 1987 High Court decision of Zecevic. What is required for self-defence to succeed?
