South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15C

15C—Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion

        (1)         This section applies where—

            (a)         a relevant defence would have been available to the defendant if the defendant's conduct had been (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist (the "perceived threat ); and

            (b)         the victim was not a police officer acting in the course of his or her duties.

        (2)         In a case to which this section applies, the defendant is entitled to the benefit of the relevant defence even though the defendant's conduct was not (objectively) reasonably proportionate to the perceived threat if the defendant establishes, on the balance of probabilities, that—

            (a)         the defendant genuinely believed the victim to be committing, or to have just committed, home invasion; and

            (b)         the defendant was not (at or before the time of the alleged offence) engaged in any criminal misconduct that might have given rise to the threat or perceived threat; and

            (c)         the defendant's mental faculties were not, at the time of the alleged offence, substantially affected by the voluntary and non-therapeutic consumption of a drug.

        (3)         In this section—

"criminal misconduct" means conduct constituting an offence for which a penalty of imprisonment is prescribed;

"drug" means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;

"home invasion" means a serious criminal trespass committed in a place of residence;

"non-therapeutic"—consumption of a drug is to be considered non-therapeutic unless—

            (a)         the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or

            (b)         the drug is of a kind available, without prescription, from registered pharmacists, and is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions;

"relevant defence" means a defence under section 15(1) or section 15A(1).