Assault Charge Query - Self Defence?

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kylie

Member
24 May 2014
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0
1
If someone comes to your house and assaults you, and in the scrap, I use self defence to defend myself, and I get charged with assault causing grievous bodily harm with intent under criminal law. Why was I not able to charge this person who came to my home and assaulted me and damaged property?
 

Amanda E

Well-Known Member
9 April 2014
154
22
454
Hi Kylie
Which State are you based in?
 
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APT

Well-Known Member
30 May 2014
18
3
74
W.A
Oh you probably can defend yourself.... I am no law yer, but I believe you will beat it if you fight it.... depending what State your in... WA has some good codes for defence of a dwelling s. 74 (criminal code compilation act ) but I would check out self defence, most codes have a section relating to it,,,,,
 

Amanda E

Well-Known Member
9 April 2014
154
22
454
Hi Kylie,
Criminal Law varies from State to State, so yes while you may be able to put forward self defence, you also seem to be asking about charging that person with assault and property damage.
Did you report the assault and damage (and perhaps from the sound of it, break & enter) to the Police?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Don't forget the Tortious Civil jurisdiction too..... ":)
If the OP has been charged with assault, then the civil jurisdiction is pretty much irrelevant.