Victorian Consolidated Legislation

Crimes Act 1958 - SECT 4

Alternative verdict of defensive homicide on charge for murder

4. Alternative verdict of defensive homicide on charge for murder



(1) If on the trial of a person for murder the jury are not satisfied that he
or she is guilty of murder but are satisfied that he or she is guilty of an
offence against section 9AD (defensive homicide), the jury may acquit the
accused of murder and find him or her guilty of defensive homicide and he or
she is liable to punishment accordingly.

(2) This section does not restrict the operation of section 6, 10(3) or 421.

Note
See section 9AC for "self-defence" exception to murder.