Criminal Code defences declaring conduct 'lawful' (including self-defence under s 248, defence of others under s 250, preventing wrongful entry under s 254, home invasion defence under s 244, suppression of riot under s 238, and preventing breach of peace under s 237) apply to offences created under other WA statutes, including the Firearms Act. Where evidence raises these defences, a Magistrate must direct himself to consider them and make the necessary findings of fact, even where the statutory offence contains its own 'lawful excuse' element. The word 'action' in s 5 of the Criminal Code Act 1913 does not extend to criminal proceedings commenced by complaint.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.