South Australian Current Acts South Australian Current Acts15B—Reasonableness etc where offence committed in
circumstances of family violence
(1) A requirement
under this Division that the defendant's conduct be (objectively) reasonably
proportionate to the threat that the defendant genuinely believed to exist
does not imply that the force used by the defendant cannot exceed the force
used against him or her.
(2) In a trial for an
offence in which the defendant raises a defence under this Division, the
question of whether—
(a) the
defendant genuinely believed that particular conduct was necessary and
reasonable (either for a defensive purpose or for the purposes referred to in
section 15A(1)(a)); or
(b)
particular conduct was reasonably proportionate to a particular threat; or
(c) the
defendant reasonably believed that a particular threat would be carried out;
or
(d) the
defendant reasonably believed that particular conduct was the only reasonable
way a particular threat could be avoided; or
(e)
particular conduct was a reasonable response to a particular threat,
is, if the defendant asserts that the offence occurred in circumstances of
family violence, to be determined having regard to any evidence of family
violence admitted in the course of the trial.
(3) In this
section—
"circumstances of family violence" has the same meaning as in section 34V
of the Evidence Act 1929 ;
"evidence of family violence" has the same meaning as in section 34W of
the Evidence Act 1929 .