This report considers the circumstances in which a person can lawfully use force in self-defence, in particular how the law should treat mistaken beliefs in the need for self-defence arising from delusions caused by mental illness, heightened perceptions of danger produced by psychological factors, intoxication and drug-induced psychosis. The report also contributes to the current conversation about family violence by considering the operation of the defence where victims of family violence take self-protective action.

Background to this Final Report

In September 2011, the Director of Public Prosecutions wrote to the Attorney-General to raise concerns that the current Tasmanian law on self-defence, as contained in s 46 of the Criminal Code (Tas), was too lenient and was out of step with modern standards. In November 2012, the Attorney-General requested that the Tasmania Law Reform Institute conduct a far-reaching examination of the law in Tasmania relating to self-defence and provide advice as to whether the law should be amended. The Institute released an Issues Paper in November 2014, Self-defence, Issues Paper No 20 and a Submission Template, which contained a series of case scenarios, with a call for submissions by 20 February 2015. The Institute received 10 responses to the Issues Paper (see related content link).