South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15E

15E—Sudden or extraordinary emergency

        (1)         It is a defence to a charge of an offence (other than a prescribed offence) if—

            (a)         the defendant carried out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency; and

            (b)         at the time of carrying out the conduct, the defendant reasonably believed that—

                  (i)         circumstances of sudden or extraordinary emergency existed; and

                  (ii)         carrying out the conduct constituting the offence charged was the only reasonable way to deal with the emergency; and

            (c)         the conduct was a reasonable response to the emergency.

        (2)         To avoid doubt, an emergency need not involve a risk of death or serious harm.

        (3)         If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.

        (4)         In this section—

"prescribed offence" means—

            (a)         murder; or

            (b)         attempted murder; or

            (c)         conspiring or soliciting to commit murder; or

            (d)         aiding, abetting, counselling or procuring the commission of murder; or

            (e)         any other offence prescribed by the regulations for the purposes of this definition.