SA Aggravated assault - was defending partner

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AmandaMMc

Member
6 March 2018
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Hi. My partner was charged with aggravated assault. A man pushed me over and I cut my face. My partner assaulted the man. He had bruises on his face. Do we have a legitimate defence? The cops seem to b on their side which is bull. No witnesses except me, my partner, the victim and the victim's son.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
lawtap.com
I would assume you'd be looking at 'self defence of another'.

The general principle for self defence (which includes the defence of another) is that it must be reasonable and proportionate to the circumstances as the person perceives them to be. If you were no longer in danger, it's no longer self defence - it's assault.
 

Clancy

Well-Known Member
6 April 2016
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69
2,289
Yea, don't like your chances. I saw a story on the news a few years ago of two guys who got charged with assault by police as a result of stopping a r**e and holding the offender until police came.