_Johnsy
Referee
- Messages
- 28,811
Precisely.. i've given up trying to highlight that there are valid situations for a punch to be thrown in a defensive situation.. yet some dragons fans here are ready to throw the kid under the bus, he may aswell have king-hit or head-stomped somebody... whats the difference?
The subject of punching on in Origin comes to mind with this argument too.
Rev
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s418.html
CRIMES ACT 1900 - SECT 418
Self-defence-when available
418 Self-defence-when available
(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.
(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction, damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,
and the conduct is a reasonable response in the circumstances as he or she perceives them.
CRIMES ACT 1900 - SECT 419
Self-defence-onus of proof
419 Self-defence-onus of proof
In any criminal proceedings in which the application of this Division is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the person did not carry out the conduct in self-defence.
Will be interesting when it heads to court. But from what we have heard about the alleged comments Garvey made before the incident, I'd suggest he's in a spot of bother.