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You may defend yourself against an assault in Queensland if you use reasonable force. Self-defence is allowed. [1]

But not if you provoked the assault. [2] Then, you can only lawfully defend yourself if you are threatened with death or grievous bodily harm. [3]

If you use too much force, more than is reasonably necessary, then you are guilty of an assault. [4] You are given some leeway about how much is too much. A judge will usually tell a jury:

“Bear in mind a person defending himself/herself cannot be expected to weigh precisely the exact amount of defensive action that may be necessary. Instinctive reactions and quick judgments may be essential. You should not judge the actions of the defendant as if he/she had the benefit of safety and leisurely consideration.” [5]

You do not always have to wait for your attacker to swing the first punch. “An honest and reasonable belief that a blow is about to be struck may justify a pre-emptive blow.” [6] To be sure of staying within the defence, that belief should be based upon some threatening action by the aggressor, not only words. [7]

In self-defence, you are not allowed to use force intended to kill, or likely to kill, or intended to do grievous bodily harm, or likely to do grievous bodily harm, unless: you think you are at risk of death or grievous bodily harm. You must believe that you cannot otherwise save yourself. You must have reasonable grounds for your belief. [8]

Once there is some evidence of self-defence, the prosecution must disprove it. That is, the prosecution must prove, beyond any reasonable doubt, that the accused person did not act reasonably in self-defence. [9]

Ken Mackenzie and Anne Connell at Mackenzie Mitchell Solicitors are experienced criminal defence lawyers in Brisbane, and can assist you with advice about assault, self-defence, and excessive force in self-defence. Call them on (07) 32361202 or send an enquiry here.

[1] Section 271 Criminal Code 1899 (Qld)

[2] “When a person is unlawfully assaulted, and has not provoked the assault….” Section 271 Criminal Code 1899 (Qld)

[3] Section 272 Criminal Code 1899 (Qld)

[4] Section 283 Criminal Code 1899 (Qld)

[5] Supreme and District Court Benchbook – 94A Self-defence against unprovoked assault

[6] R v Lawrie [1986] 2 Qd R 502 at 505 per Connolly J

[7] The right to use force in self-defence is triggered “when a person is unlawfully assaulted”. An assault includes a person who “by any bodily act or gesture attempts or threatens to apply force…”; section 245 Criminal Code 1899 (Qld). Words alone cannot amount to an assault in Queensland (but may raise a provocation).

[8] Section 271 Criminal Code 1899 (Qld)

[9] Murray v The Queen [2002] HCA 26 at [23] and [132]