Meaning of relevant offence
39 Meaning of relevant offence
A relevant offence is an act or omission constituting any of the following offences—
an offence against the person of someone;
a domestic violence offence within the meaning of the Criminal Code, section 1;
an offence against the Domestic and Family Violence Protection Act 2012, section 177(2), 178(2) or 179(2);
an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph (a), (b) or (c).
For deciding whether an act or omission constitutes an offence mentioned in subsection (1)(a), (b), (c) or (d)—
any justification, excuse or defence a person may have for doing the act or making the omission is to be disregarded; and
it does not matter whether the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission.
A reference to a justification, excuse or defence in subsection (2)(a) does not include—
a matter mentioned in the Criminal Code, section 31(1)(a) or (b); or
an authorisation to do an act or make an omission that is provided for under an Act.
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