The viability of a self-defence strategy in assault and violence cases depends on the specific circumstances surrounding the alleged offence. In Queensland, as in many jurisdictions, individuals have the right to defend themselves or others when facing a threat of harm. Self-defence can be a viable legal strategy if the following conditions are met:
- Proportionality: Self-defence must be proportional to the threat faced. This means that the force used in self-defence should not exceed what is reasonably necessary to protect oneself or others from harm.
2. Immediacy: The threat must be imminent, meaning that there is an immediate danger of harm. Self-defence generally cannot be used as a justification for actions taken in response to a past or potential future threat.
3. Reasonable Belief: The person acting in self-defence must have a genuine and reasonable belief that their actions were necessary to protect themselves or someone else.
4. No Aggressor:
Generally, the person claiming self-defence should not be the initial aggressor in the situation. If they initiated the violence or confrontation, self-defence may not be a valid defence.
5. Use of Force: The use of force should cease once the threat is neutralised. Continuing to use force when the threat has ended can jeopardize a self-defence claim.
It’s important to note that whether self-defence is a viable strategy is highly fact-specific and should be assessed on a case-by-case basis. A qualified criminal defence lawyer can evaluate the details of the case, gather evidence, and provide guidance on the potential effectiveness of a self-defence argument.
