From 1 February 2021, the common law defence of necessity will be abolished due to the insertion of section 14B to the Criminal Law Consolidation Act 1935 (SA). The common law defence remains available in respect of offences allegedly committed prior to 1 February 2021.
This defence is available where an accused believes, on reasonable grounds, that commission of the crime charged was necessary in all the circumstancesin order to remove an imminentthreat of death or serious injury to themselves or another. The response must be proportionate to the danger and there are both subjective and objective considerations when assessing this defence [see: Bayley v Police (2007) 99 SASR 413].
The defence of necessity is approached by courts with considerable caution.
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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