Under s 421 of the Crimes Act 1900 (NSW), the subjective belief element (that the accused believed conduct was necessary for self-defence) and the objective reasonableness element (that the conduct was not a reasonable response in the circumstances as perceived) are separate questions determined by different tests. A jury may accept the accused's subjective belief that conduct was necessary while still finding that the response was objectively unreasonable. The degree of perceived threat — whether imminent or merely prospective — is relevant to the objective assessment. In sentencing for excessive self-defence manslaughter, the distinction between a perception of imminent threat and a perception of prospective risk significantly affects the assessment of objective seriousness.
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