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7.2.4 - Defensive Homicide

 

Defensive Homicide is an offence contrary to s9AD (now repealed) of the Crimes Act 1958, which applies to offences alleged to have been committed on or after 23 November 2005 and before 1 November 2014.

Defensive Homicide is effectively an offence of murder committed in self defence, where the accused had no reasonable grounds for believing it was necessary to kill in self defence.

In theory Defensive Homicide could be charged as a primary offence upon a trial presentment. However in practice it will generally only be raised before juries as an alternative to murder. As a result, Defensive Homicide is not considered separately in this charge book.

Instead, for the elements of Murder see:

For Charges, Checklists and commentary on Defensive Homicide see:

 

See Also

7.2 - Homicide

7.2.1 - Intentional or Reckless Murder

7.2.2 - Manslaughter by Unlawful and Dangerous Act

7.2.3 - Negligent Manslaughter

7.2.5 - Culpable Driving Causing Death

7.2.6 - Dangerous Driving Causing Death or Serious Injury