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What is Self Defence
self defence

Self defence requires a state of mind that involves belief by the person acting in self defence that what they are doing is necessary, in all the circumstances as they perceived them to be, to do in self defence. Self defence can be the defence of ones self and/or property and/or other persons.The most important thing to remember is that the act itself, if committed in self defence, was done in self defence. That it was a necessary action in all of the existing circumstances as they were perceived and that there was no excessive force used. Excessive force is not determinative of guilt or innocence because it is not every instance where excessive force is used that such force was not used in good faith by the perpetrator who themselves believed in all the circumstances that such use of force was as a fact the only reasonable option in the circumstances as they themselves perceived them to be.

The concept of self defence is complex and broad and this is why seeking legal advice early is mandatory to ensure that your terminology is correct and that your subjective description of what you have done does not affect the Courts final objective and subjective analysis of the circumstances as you perceived them to be.

Just one other important thing to assist you to understand. A consensual physical fight between anyone is illegal. Both persons are assaulting each other and would be likely to be found guilty of assault if charged by the police. One is not permitted to consent to an unlawful act being committed upon themselves. You might ask about the boxers and the footballers we see inflicting injuries upon each other. This is deemed to be sport and for that matter there is a referee in each case responsible for controlling the situation to ensure the safety of persons involved in the sport. Please ensure that you always obtain appropriate advice.