Just curious how criminal law stands: if someone punched you in a car park, what do you do to defend yourself?
If you punch back, both will be charged with Public Affray?
If you punch back, both will be charged with Public Affray?
QLD How to Defend Yourself Under Criminal Law?
- Thread starter oasis1frog
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- criminal law
You run away.
'Reasonable force' is a defence, however, you need to establish that the other person was the attacker and probably that he was not provoked. If strategy 1 doesn't work, (run away) and you find yourself having to use force, at least when interviewed by the cops you can say you ran and when that failed you were forced to defend yourself.
Context/situation is what matters.... egging someone on to hit you, then claiming self-defence is different from someone threatening you, you running away, then you defending yourself.
'Reasonable force' is a defence, however, you need to establish that the other person was the attacker and probably that he was not provoked. If strategy 1 doesn't work, (run away) and you find yourself having to use force, at least when interviewed by the cops you can say you ran and when that failed you were forced to defend yourself.
Context/situation is what matters.... egging someone on to hit you, then claiming self-defence is different from someone threatening you, you running away, then you defending yourself.
"You can use reasonable force to defend yourself from further attack."
Understand you can use reasonable force. But if we end up in a fight, more likely both the attacker & I will be charged, despite throwing the first few punches?!
Understand you can use reasonable force. But if we end up in a fight, more likely both the attacker & I will be charged, despite throwing the first few punches?!
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