When excessive self-defence under s 248(3) of the Criminal Code (WA) is in issue, the State can disprove it in only two ways: by proving the accused did not subjectively believe the act was necessary to defend against a harmful act (s 248(4)(a)), or by proving there were no reasonable grounds for that belief (s 248(4)(a) read with s 248(4)(c)). The question of reasonable grounds for the accused's belief as to circumstances under s 248(4)(b) does not arise in the excessive self-defence context because s 248(3) is predicated on the absence of a reasonable response. The assessment of reasonable grounds for belief under s 248(4)(c) takes into account the accused's physical characteristics and information known to the accused, but not personal characteristics such as immaturity, intoxication or mental infirmity.
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