WA Use of Pepper Spray or Capsicum Spray in WA Legal?

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Venus

Member
7 August 2015
1
0
1
Hi. Just trying to clarify what the laws are regarding the use of capsicum spray or pepper spray in self defence?

I'm aware that it is legal to purchase pepper spray here in West Australia but if you were to actually deploy it upon a home intruder or if you were being attacked, can you be fined/charged for it? If you warned to attacker/intruder first that if they did not cease their actions you will deploy the use of spray, can you still be charged?

Thank you for any help. I've scoured the internet for legal answers but cannot find anything that is categorically clear. :)
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
Hi Venus,
Have a look at this previous LawAnswers thread that mentions in the replies the WA Act relevant to pepper spray in WA: Pepper Spray Australia - Legal to Sell? | LawAnswers.com.au

If you were acting in self defence, then that would be a defence to say an assault charge if you deployed it on an attacker. You would go back to criminal law principles in that sense.