Northern Territory Consolidated Acts

CRIMINAL CODE - SECT 43BD

(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 only if:

(a) the person believes the conduct is necessary:

(i) to defend himself or herself or another person; or

(ii) to prevent or terminate the unlawful imprisonment of himself or herself or another person; or

(iii) to protect property from unlawful appropriation, destruction, damage or interference; or

(iv) to prevent criminal trespass to any land or premises; or

(v) to remove from any land or premises a person who is committing criminal trespass; and

(b) the conduct is a reasonable response in the circumstances as he or she perceives them.

(3) However, the person does not carry out conduct in self-defence if:

(a) the person uses force that involves the intentional infliction of death or serious harm:

(i) to protect property; or

(ii) to prevent criminal trespass; or

(iii) to remove a person who is committing criminal trespass; or

(b) the person is responding to lawful conduct that the person knew was lawful.

(4) Conduct is not lawful for subsection (3)(b) merely because the person carrying it out is not criminally responsible for it.