Victoria's Self-Defense Laws: Protecting Domestic Violence Victims

This essay examines the applicability of self-defense laws in Victoria, Australia, for victims of domestic violence who kill their abusers. It delves into the legal definition of self-defense, emphasizing the necessity and reasonableness of the act in response to the perceived threat. The essay references relevant sections of the Crimes Act 1958 and the landmark case of Zecevic v DPP (1987) to illustrate the conditions under which self-defense can be successfully argued. It also discusses the impact of legislative reforms in 2005 and 2014, which allow for the introduction of social framework evidence related to domestic violence. The analysis considers various factors, including the relationship between the victim and abuser, the victim's behavior, and the circumstances of the offense, to determine whether the act of killing was a justifiable act of self-defense. The essay concludes that while self-defense can be a viable defense, it hinges on fulfilling specific legal conditions and demonstrating the reasonableness and necessity of the action taken.

Victims of domestic violence
who kill their abusers can
now adequately rely upon the
defence of self- defence in
Victoria

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................6

INTRODUCTION
The self defence is defined as the justification relating to the accused person who
responded to the violence and states that they did the act in order to defend themselves. In
accordance to the law, the act or crime done in order to protect oneself that is self- defence is not
being treated as crime. With this case the analysis of the criminal law is very important for the
reason that it is a body which relates to dealing with any of the crime. The present essay will
outline the fact that whether the victim of domestic violence who have killed the abuser can rely
over the self- defence or not in Victoria. Along with this the present essay will outline the
different laws on defence with the legislative reforms taken place in 2005 and 2014.
MAIN BODY
The domestic violence is being referred to as the wrong practice being committed by
someone within the circle of victim. This may also be defined as the abuse or violence which is
being done within the domestic setting. This can affect the victim and their mental health to a
great extent1. The reason underlying this fact is that when the victim is hurt then this can result in
many negative impact like depression, increase in stress, increase in suicidal tendency and many
other different negative effects. Hence, for this many of the countries have created different laws
a legislation such that the violence can be avoided.
Many a times there is a situation in which the victim that is who has suffered the violence
may kill the abuser in the self- defence. This is necessary for the reason that in case the killing of
the abuser is being done in very small violence incident then it will not be treated as the self-
defence. In order to be get successful with respect to defence in self- defence, in Victoria the
killing done in self- defence must satisfy both the condition that is it was necessary to kill the
abuser2. Another condition is that the conduct must be done in response to a reasonable reason
relating the situation.
1 ? Wiltshire, Kelly D., Mirani Litster, and Grant Rigney. "‘Necessary self-defence?’:
Pastoral control and Ngarrindjeri resistance at Waltowa Wetland, South
Australia." Journal of the Anthropology Society of South Australia 42 (2018): 81-114.
2 Brandis, George. "The right of self-defence against imminent armed attack in international
law." Australian Year Book of International Law 35 (2018): 55-65.

For instance, the violence is negligible and in that case the victim has killed the abuser
then it will not be treated as self- defence. This is particularly in this situation killing the abuser
is not the right solution and the victim must be punished in such cases. The reason underlying
this fact is that killing of the abuser is not required and then also victim has done3. Hence, this
can result in some punishment to be provided to the victim as well. In accordance to section 14.5
Self- defence the common law states that a person is justified in using the forces in case of self-
defence. This is lawful that when a person act in self- defence but it is necessary that the self-
defence need to be reasonable and required. In case there is not any requirement of self- defence
by the victim then it will be affecting the victim as it is not lawful.
Along with this it is also necessary for the victim that they must follow and comply with
the principles of criminal law as well. this is necessary to be followed because it includes the
basis for the effective development and providing of justice to the victim. The most common
principle includes the burden of proof. This is necessary in case the proof will not be there then
the self- defence will not be claimed and victim will also be punished4. In addition to this another
principle includes the right to remain silent that is generally the person is not required to answer
the police questions. Another principle to be followed is double jeopardy that the same person
must not be punished twice for the same offence for which they have once being punished.
Another principle states that the person is innocent until they are not being proven guilty. This is
necessary for the reason that till the person is not proven guilty they cannot be stated as culprit.
In case of Victoria, the self- defence applies in case when accused believes that the
actions at time of offending is necessary and also responsible with the situation prevailing. This
self- defence may be used in order defend variety of criminal offences at time of protecting
oneself, property or other person as well. in case of Victoria this self- defence is being governed
by the Crimes Act 1958 an specifically applies to any of the offence which is being committed
on or after the time of 1 November 20145. Also in accordance to the S322 K (3) it is stated that
3 Brandis, George. "The right of self-defence against imminent armed attack in international
law." Australian Year Book of International Law 35 (2018): 55-65.
4 General Principles in Criminal Law. 2022. [Online]. Available through:
<https://lawhandbook.sa.gov.au/ch12s02.php>
5 What is Self-Defence? 2022. [Online]. Available through: <
https://australialawyers.com.au/self-defence/#:~:text=In%20the%20case%20of
%20Zecevic,a%20shotgun%20in%20his%20possession.>

self- defence is applicable only within the case of murder wherein accused believes the fact that
this conduct was necessary for protecting and defending oneself or the other person. Moreover,
as per S322 L the defence of self- defence is not applicable in case action of accused are in
respect to lawful practice. Another condition is that at time of committing the offence victim is
having knowledge that the accused is knowing that other person is lawfully working.
Further on the basis of case of Zecevic v DPP (1987) 162 CLR it was stated that High
Court has found the act of killing the neighbour was justified. This is particularly because of the
reason that they have accused and deceased and also had argument and also the accused believed
that deceased person was having shotgun and knife in his possession. With the help of this case,
high court also described that self- defence is necessary and it is not a set of words or the
question to be asked must be simple6. The end question in solving the case was that whether the
accused person believed that this act was done on the basis of the reasonable ground and was
necessary for the self- defence. In addition to the reasonable ground there is also a requirement
of different elements to be present that is accused must have reasonable belied and that belief
must also be based on reasonable ground. In addition to this, there are also some other element
like the relation present between victim and accused, behaviour of the victim, personal
characteristic of accused, circumstances of offence and many other factors is also required to be
kept in mind while analysing the fact that whether the case is of self- defence or not. Also, this
case of self- defence is applicable in the case of defence of person, property or any other person.
Also in case of Australia the defence is being used by all the states and the territories. But
there is some discretion relating to defining the requirement for the case to be of self- defence.
But in some states there is requirement of element of spontaneous reaction relating to the offence
which is being undertaken7. with respect to this, Victoria which is a state in Australia has
introduced a legislation which focuses on allowing the introduction of the social framework
evidence required to permit the evidence of domestic violence and in response of that the killing
of abuser has taken place.
6 Lehto, Marja. "The Fight against isil in Syria. Comments on the Recent Discussion of the
Right of Self-defence against Non-state Actors." Nordic Journal of International Law 87,
no. 1 (2018): 1-25.
7 Schmidt, Dennis R., and Luca Trenta. "Changes in the law of self-defence? Drones,
imminence, and international norm dynamics." Journal on the Use of Force and
International Law 5, no. 2 (2018): 201-245.

In addition to this, there are different strategic issues or condition with which the
response of court also varies. This is particularly because of the reason that in case victim skills
the abuser due to fear but the condition of self- defence is not being fulfilled then there will not
be conviction of murder8. Along with this another case is that when the victim is in serious
abusive relation and responded in violence against her then this will be the case of complete
defence. Also, with this discussion it can be stated that when the victim kills the abuser and all
the condition of the self- defence must be fulfilled. In case any one of the element or the
condition of self- defence will not be considered then this will not be case of self- defence and
the victim will also be punished
CONCLUSION
In the end it is concluded that the complying with every law is important as it will include
the working and solving of any issue in proper manner. In case all the working is being
undertaken as per the laws then this will be affecting the completion of task in better and
effective manner. The above discussion stated that the in case the person is being killed by the
victim in case of domestic violence then this can be treated as case of self- defence. But with the
further analysis it was clear that the reason must be reasonable and justified. In case the act done
is not proper then this will not be treated the case of self- defence.
8 Brunnée, Jutta, and Stephen J. Toope. "Self-defence against non-state actors: are powerful
states willing but unable to change international law?." International & Comparative Law
Quarterly 67, no. 2 (2018): 263-286.