Family violence and self-defence
322M Family violence and self-defence
S. 322M inserted by No. 63/2014 s. 4.
Without limiting section 322K, for the purposes of an offence in circumstances where self-defence in the context of family violence is in issue, a person may believe that the person's conduct is necessary in self-defence, and the conduct may be a reasonable response in the circumstances as the person perceives them, even if—
the person is responding to a harm that is not immediate; or
the response involves the use of force in excess of the force involved in the harm or threatened harm.
Without limiting the evidence that may be adduced, in circumstances where self-defence in the context of family violence is in issue, evidence of family violence may be relevant in determining whether—
a person has carried out conduct while believing it to be necessary in self-defence; or
the conduct is a reasonable response in the circumstances as a person perceives them.
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