Criminal Code Amendment Bill (No. 2) 1999* (Qld)

Queensland

CRIMINAL CODE AMENDMENT BILL (No. 2)

CRIMINAL CODE AMENDMENT BILL (No. 2) 1999

TABLE OF PROVISIONS

Section Page 1 Short title 2.0... eee eee 4 2 Code amended... 0... 0. eee eee 4 3 Replacement of ss 271 and 272 ....... cece cece eee 4

271 — Self-defence and defence of another .....................00.. 4

272 Jury directions on self-defence ............. 0.00 cee eee ee 5 4 Repeal of s 273 (Aiding in self-defence) ............0. 0.0. c cece eee 6

A BILL

FOR

An Act to amend the Criminal Code

sl 4 s3 Criminal Code Amendment (No. 2)

The Parliament of Queensland enacts—

Short title

1. This Act may be cited as the Criminal Code Amendment Act (No. 2) 1999.

Code amended 2. This Act amends the Criminal Code.

Replacement of ss 271 and 272 3. Sections 271 and 272— omit, insert— 'Self-defence and defence of another

'271.(1) A person (the "defender"), acting in defence of himself or herself or in defence of another, is justified using force that the defender believes, on reasonable grounds, is necessary in the circumstances as perceived by the defender.

"(2) In deciding whether the defender believed, on reasonable grounds, that the force he or she used was necessary in the circumstances as perceived by the defender, the following matters are relevant—

(a) the history of any relationship between the defender or the person defended and the person (the "assailant") against whom force is used;

(b) the effects of that relationship on the defender or the person defended.

Examples—

1. It is relevant that the defender was responding to a history of personal violence against himself or herself or another person.

2. Evidence of a defender's sex, race or culture, as it influences the defender's response to violence, may be relevant in the particular case. 1214 16192225 27

s3 5 s3 Criminal Code Amendment (No. 2)