The Home Invasion (Occupants Protection) Act 1998 (NSW), including s 9, declares and codifies the common law of self-defence and does not extend the rights of an occupier beyond the common law. Section 9 does not make the test of reasonableness of the occupant's belief entirely subjective; the word 'belief' in s 9 has the same connotation as 'believe' in s 6. The occasion for self-defence ceases when an attacker is unarmed and fleeing, and continued pursuit and striking in those circumstances is not self-defence even where the initial attack justified defensive force.
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