VIC Doctrine of self defense or using force to defend yourself

[tonie22]

Sorry for being so blunt and upfront but I've reached my wits end. I will admit that I'm looking forward to breaking the law...what should I do? Hand myself in to police? Ask for anger management?

Executive summary/question: getting name called on the streets and having to physically restrain myself from lashing out or carrying a weapon to take my anger out on the next offender who crosses the line. The offenders fit the same criteria: young youth or boys in 'packs' and either in cars with windows rolled down shouting profanities at anyone they pass or on motorbikes/dirtbikes or escooters/ebikes riding past.

I'm a male in my 30s and have been overweight my entire life and when things gets stressful or out of control, I end up in the obese range.
I lost my license and never bothered getting it back as im now used to walkimg or riding my escooter everywhere.
I don't smoke or drink but do eat unhealthy and tend to be inactive at times when my personal hygiene also suffers at times.
I've had bouts of anxiety and tentatively diagnosed with ASD or mild to moderate autism.
That hasn't stopped me from getting my undergrad and almost completing post grad studies. I'm obviously intelligent but for some reason at times such as now having a bucks and wedding this weekend, seem to be experiencing these much more. This past week it has happened 2 times, called fatty, pig, fat f##k by random youth and it is incredibly hurtful. I've needed to attend appointments or go shopping so must leave the house and seem to run into them.... specifically around mill park / south morang westfield in Melbourne.
I'm seriously considering taking weapons or pepper spray if I can find, even knives or a baseball bat the next time it happens and going crazy... is it not self defence if it is premediated?
I have always struggled with my appearance and not many people could understand what it feels like to be stuck in your body and be taunted and insulted this way and have no other option than to break the law. Not even criminologists or criminal lawyers would fully understand the real mens rea behind criminal acts and im being fully transparent.
I hope I cause harm and send a message and even if im incarcerated for it , will be able to sleep at night.

Any thoughts and opinions?

 

[BlueJayDee]

Not legal advice. Just general advice.
Firstly I am sorry for what you are going through.

As far as I'm aware in every Australian state, taking any item to use as a weapon for "self defence" would be illegal in itself. That would be possession of an offensive weapon as the definition of offensive weapon is: "An offensive weapon is anything made, adapted, or intended for use to cause injury or incapacitate a person."

Self defence is not a lawful excuse.

I think anyone here would advise you not to assault someone, regardless.

From a legal perspective, it would not be considered self defence, but rather this sounds like it might fall under the idea of defence of "provocation". However this post, and going out armed would likely preclude or negate that defence as it would prove premeditation, and would not be considered "heat of the moment".
However from the tag of Victoria, the provocation partial defence does not exist anymore for murder, and is not recognised for assault. Provocation by a victim will be taken into account for sentencing as a potential mitigating circumstance.

I would suggest you look into counselling, speak to your GP about getting a mental health plan, look into some anger management, and ask for help with weight loss if you would like as well. Depending on your circumstances, you may be able to access new GLP-1 drugs.
Please seek some help, I am very sorry what you are going through.