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 278]place includes any part of an enclosure or structure, whetherseparated from the rest of the enclosure or structure by apartition, fence, rope, or any other means, or not.278 Defence of possession of real property or vessel withclaim of rightWhen a person is in peaceable possession of any land,structure, or vessel, with a claim of right, it is lawful for theperson, and for any person lawfully assisting him or her oracting by his or her authority, to use such force as isreasonably necessary in order to defend the person’spossession, even against a person who is entitled by law to thepossession of the property, provided that he or she does not dogrievous bodily harm to such person.279 Exercise of right of way or easementWhen a person who is lawfully entitled to enter upon land forthe exercise of a right of way or other easement or profitenters upon the land for the purpose of exercising such rightof way, easement, or profit, after notice that right to use suchway or easement or to take such profit is disputed by theperson in possession of the land, or having entered persists inentry after such notice, it is lawful for the person inpossession, and for any person lawfully assisting him or her oracting by his or her authority, to use such force as isreasonably necessary for the purpose of making the person soentering desist from the entry, provided that he or she does notdo the person entering grievous bodily harm.280 Domestic disciplineIt is lawful for a parent or a person in the place of a parent, orfor a schoolteacher or master, to use, by way of correction,discipline, management or control, towards a child or pupil,under the person’s care such force as is reasonable under thecircumstances.Page 178 Current as at 1 December 2014