Defensive Homicide – Defence

Defensive Homicide

The defence of Defensive Homicide was introduced by the Crimes (Homicide) Act 2005 section 9AD.

A person who, by his or her conduct, kills another person in circumstances that, but for section 9AC, would constitute murder, is guilty of an indictable offence (defensive homicide) and liable to level 3 imprisonment (20 years maximum) if he or she did not have reasonable grounds for the belief referred to in that section.

This defence is relevant when the Accused had a belief that their actions were necessary for self defence, but the grounds for that belief were not reasonable.