The concept of 'original aggressor' in the law of self-defence encompasses aggressive behaviour including verbal provocation and taunting that induces or provokes the assault, and is not limited to the use of physical force. To the extent that [name withheld] held otherwise in Anandan v The Queen [2011] VSCA 413, that view is disapproved. Where an accused who is the original aggressor raises self-defence, the Crown must prove beyond reasonable doubt that the original aggression had not ceased prior to the conduct alleged to be in self-defence.
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