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Assault Charge Query - Self Defence?

Discussion in 'Criminal Law Forum' started by kylie, 24 May 2014.

  1. kylie

    kylie Member

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    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?
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi Kylie
    Which State are you based in?
     
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  3. APT

    APT Well-Known Member

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    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,,,,,
     
  4. Amanda E

    Amanda E Well-Known Member

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    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?
     
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  5. APT

    APT Well-Known Member

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    Don't forget the Tortious Civil jurisdiction too..... ":)
     
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  6. Tim W

    Tim W Lawyer
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    If the OP has been charged with assault, then the civil jurisdiction is pretty much irrelevant.
     
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