Self-defence
On the 4th of April, 2016, a matter was heard in the Supreme Court regarding Nicolas Blyton and the co-accused, Tim Cairns, charged with the murder of Blyton’s father. The key legal issue that was addressed during the trial was the commonly invoked ground for the use of defensive force, self-defence. The relevant provisions of the Criminal Code 1899 (QLD) (‘The Code’) establishes a defence of self-defence covering the relevant circumstances in which the use of force can be used. In regards to the case at hand, s271 stipulates the use of self-defence against an unprovoked assault. These provisions will be analysed for relevancy and discussed throughout the essay.
The burden which is placed on the Crown Prosecution must first …show more content…
One of the key arguments of the Crown is that Mr Blyton’s state of mind was not reasonable and as he has several different accounts of the day of the homicide, it must be proven beyond reasonable doubt that self-defence is not an appropriate defence and should be excluded.
Self-defence is a defence against an attempted use of violence against an individual. A defendant who wishes to claim self-defence must prove that it was justified, and there must be an evidentiary burden that proves sufficiently that there was force from another, which made it reasonably necessary to use defence against possible injury.
Section 271 of the Criminal Code of Queensland addresses the matter of self-defence. Section 271 (1) establishes the general defence of “self-defence”; in circumstances where force has been deemed “reasonably necessary” to prevent assault or injury. However, as the present case involves an intended use of defensive force to cause serious harm or death, the application of s 271(1) must be excluded.
Section 271(2) of The Code outlines Self-defence against unprovoked assault where the force used results in death or grievous bodily harm. It
On the 4th of April, 2016, a matter was heard in the Supreme Court regarding Nicolas Blyton and the co-accused, Tim Cairns, charged with the murder of Blyton’s father. The key legal issue that was addressed during the trial was the commonly invoked ground for the use of defensive force, self-defence. The relevant provisions of the Criminal Code 1899 (QLD) (‘The Code’) establishes a defence of self-defence covering the relevant circumstances in which the use of force can be used. In regards to the case at hand, s271 stipulates the use of self-defence against an unprovoked assault. These provisions will be analysed for relevancy and discussed throughout the essay.
The burden which is placed on the Crown Prosecution must first …show more content…
One of the key arguments of the Crown is that Mr Blyton’s state of mind was not reasonable and as he has several different accounts of the day of the homicide, it must be proven beyond reasonable doubt that self-defence is not an appropriate defence and should be excluded.
Self-defence is a defence against an attempted use of violence against an individual. A defendant who wishes to claim self-defence must prove that it was justified, and there must be an evidentiary burden that proves sufficiently that there was force from another, which made it reasonably necessary to use defence against possible injury.
Section 271 of the Criminal Code of Queensland addresses the matter of self-defence. Section 271 (1) establishes the general defence of “self-defence”; in circumstances where force has been deemed “reasonably necessary” to prevent assault or injury. However, as the present case involves an intended use of defensive force to cause serious harm or death, the application of s 271(1) must be excluded.
Section 271(2) of The Code outlines Self-defence against unprovoked assault where the force used results in death or grievous bodily harm. It