Self-defence is a legal right in Western Australia, but it must be exercised within the bounds of reasonableness and necessity. The law allows individuals to protect themselves, others, and even property, but the key question is: how much force is considered justified? Below, we break down what is legally permitted under Sections 248 to 253 of the Criminal Code Act 1913.

Defending Yourself and Others

Under Section 248, a person may use force in self-defence if they genuinely believe it is necessary to prevent harm to themselves or another person. However, the force used must be proportional to the threat faced. Using excessive force, particularly resulting in serious injury or death, may weaken a self-defence claim and complicate legal proceedings.

Defending Property

Sections 251 to 253 outline circumstances where an individual can use reasonable force to protect personal property from theft or damage. While the law permits defending movable items, force leading to serious harm or death to a trespasser is generally not justified.

When Does Self-Defence Become Excessive?

In situations where a person overreacts in self-defence, the law considers whether their response was proportionate to the threat. If a self-defence claim involves excessive force, it may lead to a downgraded charge, such as reducing a murder charge to manslaughter.

Key Legal Considerations

  • Verbal threats alone do not justify the use of physical force.
  • Intoxication is not a valid defence for excessive use of force.
  • Each case is unique, and legal outcomes depend on the specific circumstances surrounding the incident.

Get Expert Legal Advice

Self-defence laws in WA can be complex and require careful legal assessment. If you believe self-defence applies to your situation, seeking legal guidance is crucial to ensure the best possible outcome.

At Rothschild Group, our experienced legal team is here to help you navigate your rights and provide expert defence representation.

Contact us today for tailored legal advice.