The state government is currently consulting on this matter.

Should alleged violent offenders be able to rely on the partial defence of excessive self-defence when their mental state is substantially affected by self-induced intoxication?

What is the current legislation?

Currently in South Australia, excessive self-defence provides a partial defence to the charge of murder, reducing it to manslaughter.

Excessive self-defence is available when the defendant genuinely believes their actions were necessary and reasonable for a defensive purpose, but their actions were not reasonably proportionate to the threat that they believe existed.

Whether or not the defendant held a genuine belief is a subjective assessment and must be assessed from the defendant’s point of view. Currently, it does not matter that the defendant’s belief was mistakenly based on delusions resulting from, for example, the influence of alcohol or drugs, if it is established that the defendant held a genuine belief that their actions were necessary and reasonable for a defensive purpose.

Have your say

Consultation will be open from 9 September – 7 October 2024.

This feedback will help the government decide its next steps.

Visit YourSAy for more details:  www.yoursay.sa.gov.au/excessiveselfdefence