ASSAULT - SELF DEFENCE - ATTACKED BY SECURITY GUARD

CASE STUDY – Assault – Local Court defended hearing

The Facts: Client was asked to leave licensed premises and was leaving when security ‘gave him a hand’ by taking hold of one of his arms and twisting it up behind his back. Client pushed security guard causing him to fall. Client detained by security and charged by police.

The Result: Not guilty. A person is entitled to defend themselves against unlawful assault. Self defence is contained within legislation. Did the accused person believe it was necessary to do what they did in the circumstances as they perceived it? Were their actions reasonable in the circumstances? If the answer to both questions is ‘yes’, then self defence is made out. Once self defence is raised, the onus rests upon the prosecution to establish that either the accused did not believe it was necessary to do what they did, or to prove that the accused’s actions were not reasonable in the circumstances.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.

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