Korto wrote:Here's some stuff for you, KS.
Australian self-defence laws in criminal matters A basic go-over.
Current Law on Self Defence Some more intense stuff from NSW (although Friendly is actually from WA, so there may be differences). This pretty much made me dizzy, but points I got from it:
1) The Prosecution
must deal with and disprove self-defence. It's not a "Special Defence", it's a first automatic step, and they have to disprove it beyond reasonable doubt, the defence doesn't have to prove it.
2) The steps of self defence are (all this has to be DISPROVEN, beyond reasonable doubt, by the prosecution)
.... i) Did the accused, from the accused state of mind and the conditions he found himself in, have reasonable cause to feel threatened? IMPORTANT! It's from the
accused's state of mind and subjective view, NOT a hypothetical "Reasonable Person"
If no, then self-defence does not apply. If yes, then:
.... ii) Were the actions of self defence reasonable from the
accused's viewpoint, considering his state of mind?
If no, then self-defence does not apply. If yes, then:
.... iii) Were the actions of self defence reasonable from a "reasonable person's" viewpoint, objectively?
If no, then it is manslaughter. If yes, then it is self defence.
3) Voluntarily diminished capacity (eg drunk, high) is taken into account when appraising the accused's state of mind. This is as opposed to if you cause a car accident and whine "But I was drunk", where the only effect of that, I believe, is they find you guilty of drink driving too. Basically, being impaired is a defence if someone attacks you, and fair enough, too.
4) While not relevant to the case in question, you cannot claim self defence if using lethal force in defence of property.
Zimmerman may (or may not) have been found guilty of manslaughter, based on the "Reasonable man" test, but not murder.