Self-defence is a defence that can justify a criminal act in a situation where such an act is deemed necessary. Basically, this is an act of defending yourself or others with force or physical means. In New South Wales, there are self-defence laws that exist to legally absolve individuals from criminal charges. Thus, being able to understand the legal protections that the law offers is important.
Under the Crimes Act 1900, Section 418 of the Act provides that a person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence. Moreover, in 2002, New South Wales reintroduced excessive self-defence as s421 of the Crimes Act (NSW).
Let’s learn more about self-defence in NSW and how it can save you from going to jail.
When Should You Use Self Defence?
To use “self defence” as an argument, the person must have believed that their conduct was necessary for the following reasons:
- They are defending themselves or another person, or
- They are trying to prevent or terminate the unlawful deprivation of their liberty or the liberty of another person, or
- They are protecting a property from unlawful taking, destruction, damage, or interference, or
- They are trying to prevent criminal trespass to any land or premises or to remove a person committing such criminal trespass.
Furthermore, the person’s belief must have been reasonable in the circumstances as they perceived them. This means the person should base their belief on what a reasonable person would have believed in the same situation. Moreover, the prosecution has the onus of proving, beyond reasonable doubt, that the person did not carry out the conduct in self-defence.
Note: The Court will not excuse the intentional use of deadly forces that cause serious injury or death in cases of real or personal property. In determining the issue of whether the accused personally believed that his or her conduct was necessary for self-defence, the jury must consider the circumstances as the accused perceived them to be at the time.
When Should You Not Use Self Defence?
The rule on self-defence, however, is not an absolute rule. The court will not absolve a person who used self-defence, if the person believes that the use of force that involves the intentional or reckless infliction of death only:
- to protect property; or
- to prevent criminal trespass; or
- to remove a person who is committing criminal trespass.
Self-Defence Weapons in NSW
How about self-defence weapons? Does the law consider the use of such weapons legal during the happening of a situation that necessitates self-defence? In Australia, the law generally forbids an individual to carry or use weapons for self-defence.
These are the rules in NSW:
- It is not a “genuine purpose” to possess or use a prohibited weapon for defence of oneself or to protect another person.
- A body armour vest or similar item worn over or covers any portion of the body and made for anti-ballistic purposes, such as defence against electric shocks or conducted energy weapons, is allowed for use.
While some Australian states allow women to carry certain self-defense weapons with proper permits, New South Wales does not. In 2025, carrying a weapon for self-defence as a woman in NSW remains illegal without a current permission, which can be difficult to obtain.
The Weapons Prohibition Act 1998
This is also an important law. The Weapons Prohibition Act 1998 (NSW) prohibits possessing, using, and selling certain weapons in New South Wales. The intention of lawmakers in creating this Act is to respond to concerns about the increasing availability of weapons and the associated risk of violence.
What are the prohibited weapons under this law? Here are some prohibited weapons that Schedule 1 of the Act enumerates:
- Flick knife
- Ballistic knife
- Sheath knife
- Butterfly knife or “balisong”
- Star knife
- Zombie knife
- Any device intended for use by a military or defence force
- Any bomb, grenade, rocket, missile, or mine
- Flame thrower
- Spear gun
- Crossbow
- Slingshot
- Saunders hunting sling
- Blow-gun or blow-pipe
- Farallon shark dart
- Dart projector
- Mace
Offence and Penalties Under the Weapons Prohibition Act
Possessing prohibited weapons is not a light offence as it carries imprisonment penalties for up to 20 years. The court can be unforgiving when it comes to violations associated with a risk of violence. Now, let’s discuss what these penalties are.
The Act sets out several penalties for offences under the Act. These penalties vary depending on the specific offence. Part 4 of the Act enumerates the offences with their corresponding penalties:
| Offence | Penalties |
| Buying a prohibited weapon without authorised permit to possess it | 5 years imprisonment |
| Purchasing a prohibited weapon from a seller who does not have an authorised permit to possess it and has failed to see the seller’s permit or knows the seller doesn’t have authority | 12 months’ imprisonment and/or AUD 5,500 fine |
| Selling prohibited weapon to buyer who doesn’t have authorised permit to possess it | 14 years imprisonment |
| Manufacturing a prohibited weapon without a permit | |
| Possessing a digital blueprint for the manufacture of a prohibited weapon on a 3D printer or an electronic milling machine (unless authorised under a permit) | |
| Possessing or using a prohibited weapon by remote control without permit | |
| Selling military-style weapon to a buyer who doesn’t have authorised permit to possess it | 20 years imprisonment |
| Selling military-style weapons to a buyer who doesn’t have an authorised permit to possess it and does this on at least three occasions over a consecutive 12-month period. | |
| Manufacturing military-style weapons without permit | |
| Possessing or using military-style weapon by remote control without permit |
More Information About Self-Defence
The Weapons Prohibition Act 1998 outlines a range of penalties for offenses involving weapons. These penalties can vary depending on the specific circumstances of the case. It also includes the type of weapon involved and the severity of the offense. Potential penalties may include:
- Imprisonment: The Act prescribes maximum imprisonment terms for various offenses.
- Fines: Depending on the offense, a judge may impose a fine in addition to, or instead of, jail time.
- Weapon Prohibition Orders: A conviction can result in a court order prohibiting you from possessing any weapons for a specific period.
It’s important to remember that a conviction under the Weapons Prohibition Act can have broader repercussions. For instance, it may affect your employment prospects or your ability to obtain certain licenses.
The Blake Davis Manslaughter
Blake Davis will serve a minimum of two years and nine months in jail for the manslaughter of Jett McKee, who broke into his home in 2018 and attacked him with a fake gun and knuckle dusters.
The jury didn’t think Davis’ self-defence response of using a samurai sword to crack Mr. McKee’s skull after his girlfriend Hannah Quinn chased the intruder down the street was reasonable, as seen by their verdict of manslaughter, not murder.
Blake Davis and his girlfriend Hannah Quinn found themselves face-to-face with intruders Jett McKee and Daniel O’Donnell. McKee was armed with a replica gun and knuckle dusters and attacked Davis.
In the chaos, Quinn chased McKee down the street, with Davis following close behind. But Davis was armed with a samurai sword. He caught up to McKee and delivered the fatal blow to the head with the sword. Davis was originally charged with murder, but the jury acquitted him.
Despite the murder acquittal, Davis was found guilty of manslaughter and got over five years. The jury likely felt his use of force—a samurai sword—was excessive in the situation. Quinn, who chased the original attacker, was convicted of being an accessory after the fact to manslaughter and got jail time.
This case is known as the Sydney samurai sword killing and has started debate about the legal boundaries of self-defence in Australia. Davis claimed he was defending himself, but the system deemed his response—using a samurai sword—to go beyond reasonable self-defence.
Let Our Lawyers Save You From Going to Jail
Criminal defence lawyers are experts in criminal proceedings, especially for self-defence matters. Their expertise includes:
- Advising on the law of self-defence
- Gathering evidence
- Negotiating with the prosecution
- Preparing for trial
- Presenting the case to the court
If an accused believed that they acted in self-defence and have reasonable grounds to defend your actions, speak to a lawyer as soon as possible. JB Solicitors can assist you in creating solid self-defence arguments. and guide you throughout the entire process.
Contact us today.
Last updated: 30 January 2025
