Where an accused does not give evidence as to their beliefs and perceptions, self-defence under s 418 of the Crimes Act 1900 (NSW) can only be raised if the objective circumstances are capable of supporting a reasonable inference that a person in the position of the accused could reasonably have held the requisite beliefs. Evidence that the accused was 'going to the aid' of co-accused does not raise self-defence where the objective circumstances show that the security officers were acting lawfully and there was no evidence of any attack or risk of harm to the accused prior to the fracas.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
2 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.