Self defence law

[piano0011]

What is the law with regarding to self defence? Can I defend myself and injure the person, using reasonable amount of force? Will I be charged of anything if this happens in the state of Victoria? If I am at home and someone breaks into my house, can I fight back and also, am I allowed to use force if picked or bullied on the street? What if there are no witnesses around to support my claim in self defence?

 

[Atticus]

What is the law with regarding to self defence?

Basically reasonable force proportionate to the threat ..... What a person defending themselves regards as reasonable may not be what a court decides would have been a proportionate response to the threat posed... Rule of thumb.... use as little force as possible to defend yourself.

 

[piano0011]

What if you are surrounded by a gang of thugs or someone trying to pick a fight by calling you racist name etc?

 

[Tony Danos]

I agree with above.
Being picked on or bullied would not constitute self defence.

 

[piano0011]

So, do you mean that if a person is picked on or bullied, you should just walk away? What if they are looking for a fight and push you around?

 

[Tony Danos]

Being physical is different.

 

[piano0011]

I guess the best thing is not to get into trouble in the first place but if a fight happens and you use force.... can you the victim be still charged of assault?

 

[Tony Danos]

Yes if you go too far.

 

[piano0011]

Yes if you go too far.

how would you define as going too far? Can I slightly hurt or numb the person so that they can't hurt me anymore? Or break an arm or leg?

 

[Tony Danos]

All depends on the situation and perceived danger.