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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Self-defence)
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Consequential repeals 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Crimes Amendment (Self-defence)
Bill 2001
Act No , 2001
An Act to amend the Crimes Act 1900 to codify the law with respect to self-
defence; and to repeal the Home Invasion (Occupants Protection) Act 1998 and the
Workplace (Occupants Protection) Act 2001.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Self-defence) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Self-defence) Act 2001.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Consequential repeals
(1) The following Acts are repealed:
Home Invasion (Occupants Protection) Act 1998 No 109
Workplace (Occupants Protection) Act 2001 No 6
(2) The repeal of those Acts does not reverse the declared public policy of
the State that its citizens have a right to enjoy safety from attack within
dwelling-houses from intruders, or from suspected offenders while
present at a workplace.
Page 2
Crimes Amendment (Self-defence) Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 18 Murder and manslaughter defined
Omit ", or in his or her own defence" from section 18 (2) (b).
[2] Part 11, heading
Omit the heading to Part 11. Insert instead:
Part 11 Criminal responsibility--defences
Division 1 Preliminary
[3] Part 11, Division 2, heading
Insert before section 417:
Division 2 Lawful authority or excuse
[4] Part 11, Division 3
Insert after section 417:
Division 3 Self-defence
418 Self-defence--when available
(1) A person is not criminally responsible for an offence if the
person carries out the conduct constituting the offence in
self-defence.
(2) A person carries out conduct in self-defence if and only if the
person believes the conduct is necessary:
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his
or her liberty or the liberty of another person, or
Page 3
Crimes Amendment (Self-defence) Bill 2001
Schedule 1 Amendments
(c) to protect property from unlawful taking, destruction,
damage or interference, or
(d) to prevent criminal trespass to any land or premises or
to remove a person committing any such criminal
trespass,
and the conduct is a reasonable response in the circumstances
as he or she perceives them.
419 Self-defence--onus of proof
In any criminal proceedings in which the application of this
Division is raised, the prosecution has the onus of proving,
beyond reasonable doubt, that the person did not carry out the
conduct in self-defence.
420 Self-defence--not available if death inflicted to protect property
or trespass to property
This Division does not apply if the person uses force that
involves the intentional or reckless infliction of death only:
(a) to protect property, or
(b) to prevent criminal trespass or to remove a person
committing criminal trespass.
421 Self-defence--excessive force that inflicts death
(1) This section applies if:
(a) the person uses force that involves the intentional or
reckless infliction of death, and
(b) the conduct is not a reasonable response in the
circumstances as he or she perceives them,
but the person believes the conduct is necessary:
(c) to defend himself or herself or another person, or
(d) to prevent or terminate the unlawful deprivation of his
or her liberty or the liberty of another person.
(2) The person is not criminally responsible for murder but, on a
trial for murder, the person is to be found guilty of
manslaughter if the person is otherwise criminally responsible
for manslaughter.
Page 4
Crimes Amendment (Self-defence) Bill 2001
Amendments Schedule 1
422 Self-defence--response to lawful conduct
This Division is not excluded merely because:
(a) the conduct to which the person responds is lawful, or
(b) the other person carrying out the conduct to which the
person responds is not criminally responsible for it.
423 Offences to which Division applies
(1) This Division applies to offences committed before or after the
commencement of this Division, except as provided by this
section.
(2) This Division does not apply to an offence if proceedings for
the offence (other than committal proceedings) were instituted
before the commencement of this Division.
Page 5
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