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Self-defence (Australia)
In the criminal law of Australia, self-defence is a legal defence to a charge of causing injury or death in defence of the person or, to a limited extent, property, or a partial defence to murder if the degree of force used was excessive. Self-defence in murder In ''Viro v The Queen'',. Justice Mason formulated six propositions on the law of self-defence in murder trials. Thus, a full acquittal is achieved if the jury finds that an accused reasonably believed they were threatened with death or serious bodily harm and, if so, that the force used was reasonably proportionate to the perceived danger. In ''Zecevic v Director of Public Prosecutions'',. the victim rented a unit from the defendant. The defendant became increasingly annoyed with the victim who kept leaving the security gates of the unit unlocked. After one heated exchange, the defendant was stabbed by the tenant. The defendant, fearing that the tenant was about to get a gun from his car, rushed off and got his shotgun. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdiction Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Castle Doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws. Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Use Of Force
The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject". Use of force doctrines can be employed by law enforcement officers and military personnel on guard duty. The aim of such doctrines is to balance the needs of security with ethical concerns for the rights and well-being of intruders or suspects. Injuries to civilians tend to focus attention on self-defense as a justification and, in the event of death, the notion of justifiable homicide. For the English law on the use of force in crime prevention, see Self-defence in English law. The Australian position on the use of troops for civil policing is set out by Michael Hood in ''Calling Out the Troops: Disturbing Trends and Unanswered Questions''; compare "Use of Deadly Force by the South African Police Services Re-visited" by Malebo Keebine-Sibanda and Omphemetse Sibanda. History Use of force dates back to the beginning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defense (United States)
In the United States, self-defense is an affirmative defense that is used to justify the use of force by one person against another person under specific circumstances. General rule In the U.S., the general rule is that " /nowiki> person is privileged to use such force as ''reasonably'' appears necessary to defend him or herself against an apparent threat of ''unlawful'' and ''immediate'' violence from another." In cases involving non-deadly force, this means that the person must reasonably believe that their use of force was necessary to prevent imminent, unlawful physical harm. When the use of deadly force is involved in a self-defense claim, the person must also reasonably believe that their use of deadly force is immediately necessary to prevent the other's infliction of great bodily harm or death. Most states no longer require a person to retreat before using deadly force. In the minority of jurisdictions which do require retreat, there is no obligation to retreat when it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defense (Sweden)
In Sweden, the law of self-defense () allows a person attacked to excuse, excuse or justify a proportionate use of violence in defense of the person or property. The law Chapter 24 of the Swedish criminal code states various conditions for which a person will not be sentenced in court for committing an otherwise crime, criminal act. Self-defense is considered grounds for non-conviction if the accused acted in a situation of peril and acted in a manner that is not "blatantly unjustifiable" in relation to that which is defended. A situation of peril is stated to exist if: #a person is subjected to, or is in imminent danger of being subjected to, a criminal attack against property or person, or #a person through threats, force or violence is prevented from taking back stolen property found on criminals "In flagrante delicto, red handed", or #an intruder attempts to enter a room, house, estate or ship, or #another person refuses to leave a residence after being told to. The interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defence In English Law
Self-defence is a defence permitting reasonable force to be used to defend one's self or another. This defence arises both from common law and the Criminal Law Act 1967. Self-defence is a justification defence rather than an excuse. Principles Common law (self defence) The common law defence of self-defence applies where the defendant uses necessary, reasonable and proportionate force to defend themselves or another from imminent attack. It is a complete defence to all non-sexual offences involving the unlawful use of force (anything from battery to murder). Because the defence results in a complete acquittal, the courts have interpreted the defence in a restrictive way so as to avoid acquitting too easily. For example, the courts will not usually acquit the defendant just because he thought the force used was reasonable – whether or not the force used was reasonable will be objectively assessed by the jury and not simply according to what the defendant thought at the time. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense Of Property
The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property. English law Generally, see self-defence in English law. In addition to the right of self-defence at common law, section 3 of the Criminal Law Act 1967 states that :A person may use such force as is reasonable in the circumstances in the prevention of crime or in arresting offenders or suspects. Insofar as an attack on property is a crime, reasonable force may be used to prevent the crime or to arrest the offender, whether it be theft of a sum of money or the damage of an object. In many cases of robbery and burglary, the threat will be to both a person and property, and this combination can be a powerful defence. In ''AG's Reference (No 2 of 1983)'' (1984) 1 AER 988 Lane CJ. held that a defendant who manufactured ten petrol bombs to defend his shop duri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battered Woman Defence
Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 (code ) as battered person syndrome, but is not in the DSM-5. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD). The condition is the basis for the battered woman legal defense that has been used in cases of physically and psychologically abused women who have killed their male partners. The condition was first researched extensively by Lenore E. Walker, who used Martin Seligman's learned helplessness theory to explain why women stayed in relationships with abusive men. Although the diagnosis has mainly centered on women, it has occasionally been applied to men when employing the term ''battered person syndrome'', especially as part of a legal defense. It is similar to an insanity plea and has been criticized by survi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a "partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges (called justices) as may be required. History The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. Other Australian colonies only established their courts long after the settlement of the colony. The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Australian State Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published jointly by the ''Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
