Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 26 Assaults and violence to the person generally—justification and excuse[s 273]reasonably necessary for such preservation, although suchforce may cause death or grievous bodily harm.(2) This protection does not extend to a case in which the personusing force which causes death or grievous bodily harm firstbegun the assault with intent to kill or to do grievous bodilyharm to some person; nor to a case in which the person usingforce which causes death or grievous bodily harmendeavoured to kill or to do grievous bodily harm to someperson before the necessity of so preserving himself or herselfarose; nor, in either case, unless, before such necessity arose,the person using such force declined further conflict, andquitted it or retreated from it as far as was practicable.273 Aiding in self-defenceIn any case in which it is lawful for any person to use force ofany degree for the purpose of defending himself or herselfagainst an assault, it is lawful for any other person acting ingood faith in the first person’s aid to use a like degree of forcefor the purpose of defending the first person.274 Defence of moveable property against trespassersIt is lawful for any person who is in peaceable possession ofany moveable property, and for any person lawfully assistinghim or her or acting by his or her authority, to use such forceas is reasonably necessary in order to resist the taking of suchproperty by a trespasser, or in order to retake it from atrespasser, provided that the person does not do grievousbodily harm to the trespasser.275 Defence of moveable property with claim of rightWhen a person is in peaceable possession of any moveableproperty under a claim of right, it is lawful for the person, andfor any person lawfully assisting him or her or acting by his orher authority, to use such force as is reasonably necessary inorder to defend the person’s possession of the property, evenPage 176 Current as at 1 December 2014