Self-defence and illegality under the Civil Liability Act 2002 (NSW)James Goudkamp
In NSW,a person is permitted to defend themselves inside their home, per the 2001 NSW Crimes Act. However, an amendment made in the early 2000s means a homeowner can only use the trespassing defence if they had injured, not killed the intruder. ... Perception is also key if self-defence...
The Civil Liability Act 2002 (NSW) provides for a number of defences to liability. This article seeks to add to our understanding of two of these defences: 'self-defence' and 'illegality'. It is argued that although these defences may seem to have relatively little to do with each other...