VIC If someone tries to kill me, is it against the law if I practice self-defense?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Marcus.Slider

Member
22 October 2020
3
0
1
The title kind of speaks for itself. If the above statement is true, what happens then if I could not outrun the killer?

Should I just kill myself then and be done with it because if somehow I managed to survive, the law would confine me to prison anyway or suspended sentence?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Defending yourself is not a problem. The problem can be how you do so & the circumstances in which you do it... Research 'reasonable force'
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
The law differs from state to state, but in general terms: self defence by the use of lethal force is allowable, for yourself or in the defence of another, if there is a genuine fear that the victim’s life is in danger from the attacker at that moment in time. However, as soon as the threat declines so does the ability to claim the defence.

As a hypothetical situation, saw a person came at you with a knife where you were genuinely afraid they intended to kill you. You could use lethal force in defence while that attack occurred. But, for example, if you disarmed them and got the knife away, that lethal threat is dissipated and so too does your defence for using further lethal force.

Be aware, as I said, the laws differ state to state, and I don’t practise in criminal law. If in doubt, the old adage of it is better to be tried by twelve than carried by six may apply.