The third clause of s 272(2) of the Criminal Code (Qld) operates as an independent condition of the defence of self-defence against provoked assault: a defendant must have declined further conflict and retreated as far as practicable before the necessity of self-preservation arose, regardless of whether the first two clauses of s 272(2) apply. The time at which retreat must have occurred is the time the defendant formed the belief that force was necessary for self-preservation, not the time the fatal blow was struck. However, a defendant who offers only a minor assault or verbal provocation and is met with a disproportionate response will have a defence under s 271 (not s 272), where retreat is not an independent requirement.
The full text is available to signed-in members, including the 1 later case that cites this judgment.