Legal Defences

Defensive Homicide

The Legal Defence of Defensive Homicide in Victoria

Between 2005 and 2014, defensive homicide was an alternative charge to murder in Victoria. The defence is still applicable to murder committed during this period and may be used in circumstances where self-defence is not made out in jury trials.

defensive homicide in victoria | what is defensive homicide | defences to homicide

Icon Wp
Charged with a Criminal Offence or Under Investigation?

We are available 24/7 and here to help

What is the Legal Defence of Defensive Homicide?

Defensive homicide was a legal defence to murder committed in Victoria between 23 November 2005 and 1 November 2014.

The defence was created under section 9AD of the Crimes (Homicide) Act 2005 (Vic). However, it has since been repealed after the introduction of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic).

Defensive homicide was an alternative charge to murder in circumstances where self-defence was not made out. Under section 9AD, a person was guilty of defensive homicide if:

That person killed another person;
The killing occurred in circumstances that would otherwise amount to murder;
The person committed the offence while believing his or her conduct to be necessary to defend themselves or another person from the infliction of death or really serious injury; and
The person did not have reasonable grounds for that belief.

As such, if during the murder trial of the accused, the jury could not be satisfied that the accused held a reasonable belief that it was necessary to kill in self-defence, the jury could:

Acquit the accused of murder; and
Find the accused guilty of the offence of defensive homicide.

Defensive homicide was considered a lesser offence than murder. It carried a maximum penalty of 20 years’ imprisonment, whilst murder carries a maximum penalty of life imprisonment.

Originally, the defence was legislatively created to aid the legal rights of women who were being domestically abused. However, a 2010 review by the Department of Justice found that the defence was predominantly being relied upon by men who killed other men in violent confrontations. This created concerns as to the law being misused in relation to murder. Due to the law’s failure to serve it’s intended purpose it was repealed. Defensive homicide is no longer available as an offence or an alternative verdict to murder.

 

Obtaining Legal Advice

If you have been charged or are under investigation for allegedly committing murder between 2005 and 2014, please contact our team at Sher Criminal Lawyers. We will help you achieve the best possible outcome by applying our extensive legal experience and expertise. One of our criminal law specialists will assess whether defensive homicide or any other defence is relevant to your case before planning a unique and calculated legal strategy. We are available 24/7 and offer free consultations by way of Zoom, Facetime or in person at our Melbourne and Moorabbin offices.

 

TRUSTWORTHY

NO HIDDEN FEES

APPROACHABLE

Proven Results

FAQs

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Stlico Cta Logo

Charged with a Criminal Offence or Under Investigation?

We are available 24/7 and here to help

Share This

Select your desired option below to share a direct link to this page

Share on facebook
Share on twitter
Share on linkedin
Share on skype
Share on pinterest
Share on email