Victorian Consolidated Legislation

Crimes Act 1958 - SECT 201

Lawful excuse

201. Lawful excuse



(1) This section applies to any offence under section 197(1), 198(a) or
199(a)(i).

(2) A person charged with an offence to which this section applies shall,
whether or not he would be treated for the purposes of this subdivision as
having a lawful excuse apart from this subsection, be treated for those
purposes as having a lawful excuse-

   (a)  if at the time of the conduct alleged to constitute the offence he
        believed-

   (i)  that the property in question belonged solely to himself;

   (ii) that he held a right or interest in the property in question which
        authorized him to engage in the conduct; or



   (iii) that the person or persons whom he believed to be entitled to consent
        to the destruction or damage in question had so consented or would
        have so consented if he or they had known the circumstances of the
        destruction or damage; or

   (b)  if he engaged in the conduct alleged to constitute the offence in
        order to protect property belonging to himself or another or a right
        or interest in property which was or which he believed to be vested in
        himself or another, and at the time of such conduct he believed-

   (i)  that the property, right or interest which he sought to protect was in
        immediate need of protection; and

   (ii) that the means of protection adopted or proposed to be adopted were or
        would be reasonable having regard to all the circumstances.

(3) For the purposes of this section it is immaterial whether a belief is
justified or not if it is honestly held.

(4) For the purposes of subsection (2) a right or interest in property
includes any right or privilege in or over land, whether created by grant,
licence or otherwise.

(5) This section shall not be construed as taking away or otherwise affecting
any other defence recognized by law as a defence to criminal charges.