LEGAL PRINCIPLE: CRIMINAL LAW – Self-Defence – Conditions for Availability
PRINCIPLE STATEMENT
When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for them to use such force to the assailant as is reasonably necessary to make effectual defence against the assault; the force which may be used in such circumstances must not be intended, and should not be such as is likely, to cause death or grievous harm.
RATIO DECIDENDI (SOURCE)
"When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defence against the assault. The force which may be used, in such circumstances, must not be intended, and should not be such as is likely, to cause death or grievous harm."
EXPLANATION / SCOPE
Self-defence availability requires four elements: (1) Unlawful assault—the accused was attacked without legal justification; (2) No provocation—the accused didn’t provoke or initiate the confrontation; (3) Reasonable necessity—force used was reasonably necessary to repel the assault; (4) Non-lethal force—the force wasn’t intended to, and wasn’t likely to, cause death or grievous harm. All four must coexist. Self-defence justifies: pushing away an attacker, restraining them, using minimal force to escape, or other defensive measures proportionate to the threat. It doesn’t justify: lethal force against non-lethal threats, excessive retaliation, or continuing force after threat ends. “Reasonably necessary” is objective—would a reasonable person consider such force necessary? “Not likely to cause death/grievous harm” sets upper limit—self-defence doesn’t extend to deadly force against non-deadly threats. This defense balances: individual’s right to defend themselves against unjust aggression, with society’s interest in preventing excessive violence and protecting life.