Can I Claim Self-Defence to an Assault Charge in Queensland?

A claim of self-defence in Queensland turns on whether the assault was provoked, whether the force used was reasonably necessary and who must prove what. The law also makes carrying a knife for protection an offence in itself.

This page expands the existing guidance to explain s 271 and s 272, the burden of proof and why a weapon for protection will not help your case.

Unprovoked and provoked assault

Criminal Code (Qld) s 271 covers self-defence against an unprovoked assault. Force reasonably necessary to make effective defence is lawful, provided it is not intended and not likely to cause death or grievous bodily harm, with a wider rule where the person reasonably fears death or grievous bodily harm.

Criminal Code (Qld) s 272 covers self-defence against a provoked assault, with stricter conditions including that the person declined further conflict or retreated as far as practicable before using lethal force.

The distinction matters because a provoked situation requires more than showing the response was proportionate. The person must also show the additional steps associated with declining conflict or retreat where lethal force is used.

Once self-defence is raised on the evidence, the prosecution must exclude it beyond reasonable doubt. The accused does not have to prove it. That allocation of proof means the defence needs only to be raised on the evidence, not established by the accused, before the prosecution must negative it.

Weapons, reasonable force and evidence

Under the Weapons Act 1990 (Qld) s 51(1) a person must not physically possess a knife in a public place or a school without a reasonable excuse. Section 51(4) says possessing a knife for self-defence purposes is not a reasonable excuse. Carrying a knife for protection therefore creates a separate offence and will not be treated as a reasonable preparation for self-defence.

Reasonable force is assessed on the facts, including the nature of the attack, the immediacy of the threat, whether the response was proportionate and whether the person had an opportunity to withdraw where that is relevant under s 272.

Evidence matters. CCTV, phone footage, witness details, injuries photographed and medical records help the court assess what happened, whether the force was reasonably necessary and whether the prosecution has excluded self-defence beyond reasonable doubt.

Example

A person is shoved outside a bar and pushes back once, causing the other person to fall. That single, proportionate response to an unprovoked shove may be within s 271 if the force was reasonably necessary and not intended to cause death or grievous bodily harm. If the person instead chases the other man down the street and continues to strike him, the force moves beyond what was reasonably necessary and, if provocation is involved, the additional s 272 conditions about declining further conflict and retreating as far as practicable become relevant.

See Also

• Legal Matters Ep 35: Self-Defence, Defending Others and Estate Planning

• Legal Matters Ep 33: Citizen’s Arrest, Self-Defence and Card Surcharges

• Can You Make a Citizen’s Arrest in Queensland?

• Charged with common assault (s 335)

• Charged with serious assault (s 340)

• Assaults and violence offences

• Weapons offences

This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.