May v Thomas

[2014] WASCA 176

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Trespass to the person
3. › Assault
4. › Defences
5. › Self-defence and defence of others
6. › Applicability of Criminal Code (WA) and common law defences
7. › Necessity of findings as to nature of threat and response
8. › Necessity of findings as to defender's state of mind
9. › Criminal Code (WA), ss 244, 248, 250, 254
1. Appeal
2. › Error of law
3. › Deficiencies in reasons of trial judge
4. › Failure to make findings of fact as to elements of defences
5. › Whether decision should be set aside and matter remitted for re-hearing
1. Appeal
2. › General principles
3. › Interference with trial judge's findings of fact
4. › Whether finding reasonably open on evidence
5. › Fox v Percy [2003] HCA 22
1. Practice and Procedure
2. › Costs
3. › Partial success on appeal
4. › Whether departure from general rule that successful party should recover costs justified
5. › Adjustment of costs where successful party failed on discrete issues

Quick Take

The statutory defences of self-defence (s 248), aiding in self-defence (s 250), defence against home invasion (s 244), and defence of property (s 254) under the Criminal Code (WA), when raised in civil proceedings via s 5 of the Criminal Code Act 1913 (WA), require the trial judge to make specific findings on each element, including the defender's subjective beliefs and the objective reasonableness of those beliefs. The common law defence of defence of another applies on the same principles as self-defence, requiring belief in the necessity of force and reasonable grounds for that belief in the circumstances as perceived by the defender.