Homicide Charges Victoria: What You Need to Know
Is self defence legal in Australia? This is a question that often arises in the context of homicide cases. At SLKQ Lawyers, we understand the complexities surrounding the legality of self-defence in Australia. With over 18 years of expertise in this field, we have encountered numerous cases where the central question is: is self defence legal in Australia?
Yes, but it’s a question that demands a closer examination of the specific facts of each case.
We recognise the immense stress and uncertainty that individuals face when confronted with homicide charges, especially when they believe their actions were justified as self-defence. If you find yourself asking, “is self defence legal in Australia?” or are unsure about how it applies to your case, our dedicated team at SLKQ Lawyers is here to help.
Understanding Self-Defence in Victoria
Self-defence is a complex and often misunderstood aspect of criminal law in Australia. Many people wonder, is self defence legal in Australia? In Australia, self-defence can be a legal justification for actions that would otherwise be considered a crime, such as assault or homicide. Many individuals question whether defending themselves or others could lead to criminal charges, and the answer is not always straightforward. However, the general principle remains the same: an individual has the right to defend themselves or others from imminent harm, using reasonable force. So, is self defence legal in Australia? Understanding if is self defence legal in Australia is crucial for anyone facing such situations, as the law allows it under specific conditions.
For an act to be considered self-defence, the following criteria must be met:
- The person believed their actions were necessary to defend themselves or others from imminent harm;
- The response was proportionate to the perceived threat;
- The person did not use more force than was reasonably necessary in the circumstances.
It is important to note that self-defence is not a blanket justification for violence. The court will carefully examine the specific circumstances of each case to determine whether the actions taken were reasonable and proportionate.
So, is self defence legal in Australia? Yes, but only if the conduct was justified under the law. In Victoria, the Crimes Act 1958 governs self-defence. Section 322 K states that a person is not guilty of an offence if they carry out the conduct in self-defence. The legislation also outlines that in cases where self-defence is raised, the prosecution must prove beyond reasonable doubt that the person did not act in self-defence.
The Importance of Skilled Legal Representation
Facing homicide charges is one of the most stressful and overwhelming experiences an individual can encounter. We understand the immense pressure and uncertainty that comes with being accused of such a serious crime.
Homicide cases are inherently complex, requiring a deep understanding of the law, meticulous attention to detail, and the ability to navigate intricate legal procedures. We recognise that every homicide case is different, and we pride ourselves on our commitment to treating each client with the individualised attention and care they deserve.
We are here to guide you through every step of the process, from the initial investigation to the final resolution of your case.
What’s Self Defence and What’s Not?
Let’s take a deeper look at how self-defence is evaluated in legal contexts by analysing two specific cases: the case of the teenage girl and Seb O’Halloran (2023) and the case of Alexander Astbury (2019).
Case 1: Self Defence
Facts of the Case:
In October 2023, a 17-year-old girl (whose name cannot be revealed for legal reasons) fatally stabbed Seb O’Halloran, a 19-year-old man, in the chest during a confrontation at her Mildura home. The altercation arose after the girl had an argument with her boyfriend, who was O’Halloran’s friend. The girl was reportedly outnumbered and feared for her life, thinking the two men intended to assault or sexually harm her. After a physical struggle with her boyfriend, she grabbed a kitchen knife to defend herself. When she encountered O’Halloran, who was reportedly standing in her way, she stabbed him in what she claimed was self-defence.
Result:
A jury found the girl not guilty of both murder and manslaughter after a month-long trial and several days of deliberation. The defence argued she acted out of fear for her life, and the jury sided with the self-defence claim.
Why It Was or Wasn’t Self-defence:
The defence argued that the girl was acting in self-defence after enduring abuse from her boyfriend and fearing further violence from him and O’Halloran. While prosecutors contended that the stabbing was not a reasonable or necessary response, the defence emphasised that the girl was terrified and acted out of instinct to protect herself. The jury ultimately accepted this argument, ruling that the girl’s actions were motivated by fear rather than rage.
This verdict reflects the complexity of self-defence claims, where the perception of imminent danger and the appropriateness of the response play significant roles.
Case 2: Not Self Defence
Facts of the Case:
Alexander Astbury, 44, murdered his 73-year-old landlord Rafet Demirel in February 2017 in a spontaneous attack. Astbury, who lived in a bungalow next to Demirel’s, had been arguing with his partner. Demirel intervened, asking them to calm down, and invited Astbury to his bungalow. What transpired next is unclear, but Astbury assaulted Demirel, causing blunt force trauma, including 38 rib fractures. He dragged Demirel’s body outside and covered it with a sheet.
Result:
Astbury was convicted of murder and sentenced to 18 years in prison, with a non-parole period of 14.5 years. Despite claiming self-defence, the jury rejected this assertion. Victoria’s Court of Appeal re-sentenced him to nine years’ jail for the lesser offence of manslaughter, and ordered he be eligible for parole after serving six years.
Why It Wasn’t Self-defence:
Based on the jury’s verdict finding Astbury guilty of murder, it can be presumed that his self-defence claim was not accepted. For a self-defence argument to succeed, the jury must be convinced beyond reasonable doubt that the accused acted to defend themselves from an imminent threat, using force that was reasonably necessary and proportionate to the perceived danger.
In reaching their decision, the jury likely concluded that the evidence presented did not support Astbury’s self-defence claim to the required legal standard. It is important to note that the specific reasons for the jury’s rejection of the self-defence argument can be multifaceted and complex, and may not be limited to a single factor such as the absence of an immediate threat.
Furthermore, Astbury’s history of mental illness, including a diagnosis of schizoaffective disorder, and drug dependence may have been considered by the jury in assessing his actions and state of mind at the time of the incident. However, without access to the full details of the case and the jury’s deliberations, it would be speculative to attribute the rejection of his self-defence claim solely to these factors.
Conclusion
So, is self defence legal in Australia? Self-defence is a tricky area of criminal law in Australia and often misunderstood. The short answer is yes—but only under certain conditions. It can justify actions like assault or even homicide if someone is protecting themselves or others from immediate danger. The key is that the force used must be reasonable. Knowing the basics of self-defence law is important, especially if you’re ever in that kind of situation.
Facing homicide charges in Victoria can be a daunting and stressful experience, but you don’t have to face it alone. By seeking the guidance of knowledgeable lawyers, you can ensure that your rights are protected and that you have the best possible defence.
To schedule a consultation with our experienced lawyers, please don’t hesitate to reach out to us using the following methods:
Phone: Call our phone at (03) 9923 7727 to speak directly with one of our lawyers. Our lines are available Monday – Friday at 9am – 5pm to ensure you can access the help you need, whenever you need it.
In-Person: Our office is located at 1105, 530 Little Collins Street, Melbourne 3000. Book an appointment and visit us in person to discuss your case in a confidential setting. A Zoom meeting can also be arranged if you are unable to physically make it into the office.
If the person facing charges is in custody, we can arrange to speak with them as soon as possible to discuss their case. We understand how important it is to address these serious matters promptly, and our team is dedicated to providing you with the best possible legal support for murder charges.
We are committed to guiding you through every step of the legal process, offering the clarity and expertise you deserve. Don’t face homicide charges alone—reach out to us today. We’re here to help you navigate the complexities of the case with confidence.
Disclaimer: The information provided is of a general nature and not tailored to your individual circumstances. Please get in touch for independent legal advice specific to your situation.
Sources
- Aap. (2019a, March 13). Alexander Astbury jailed for 18 years for killing landlord. Breaking Australian and World News Headlines – 9News.
- Aap. (2019b, March 13). Vic man jailed for murdering his landlord. Breaking Australian and World News Headlines – 9News.
- Cosoleto, E. W. a. T. (2025, March 19). ‘Time to go home’: Tears as young woman acquitted of murdering her boyfriend’s friend. The Age.
- Silva, K. (2025, March 19). Teenage girl found not guilty of murdering Mildura man Seb O’Halloran after arguing self defence. ABC News.