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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15B

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15B

15B—Reasonableness etc where offence committed in circumstances of family violence

        (1)         A requirement under this Division that the defendant's conduct be (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist does not imply that the force used by the defendant cannot exceed the force used against him or her.

        (2)         In a trial for an offence in which the defendant raises a defence under this Division, the question of whether—

            (a)         the defendant genuinely believed that particular conduct was necessary and reasonable (either for a defensive purpose or for the purposes referred to in section 15A(1)(a)); or

            (b)         particular conduct was reasonably proportionate to a particular threat; or

            (c)         the defendant reasonably believed that a particular threat would be carried out; or

            (d)         the defendant reasonably believed that particular conduct was the only reasonable way a particular threat could be avoided; or

            (e)         particular conduct was a reasonable response to a particular threat,

is, if the defendant asserts that the offence occurred in circumstances of family violence, to be determined having regard to any evidence of family violence admitted in the course of the trial.

        (3)         In this section—

"circumstances of family violence" has the same meaning as in section 34V of the Evidence Act 1929 ;

"evidence of family violence" has the same meaning as in section 34W of the Evidence Act 1929 .