Under the Criminal Code 2002 (ACT), the [name withheld] self-defence test continues to apply subject to ss 30-34 on intoxication. Whether there are reasonable grounds for a belief in the necessity to act in self-defence is an objective test, but the accused's perception of those grounds (including as affected by intoxication) is a question of fact that cannot be ignored. A jury direction that asks whether a sober person would have had reasonable grounds for the belief, without directing the jury to consider the objective evidence actually available, is misleading.
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