Self defence in the Western Australian Criminal Code: two proposals for reform

In 2008, as part of a major set of changes to Western Australian homicide laws, self-defence in the Western Australian Criminal Code was reformulated. The main purpose for the reformulation was to
answer criticisms that self-defence operated unfairly in that it excluded women disproportionately. At the same time, in 2008, a statutory obligation was created to review the amendments as soon as practicable after five years of operation. This article participates in that review. It proposes two further amendments: (1) that s248(4) of the Code (self-defence) be amended to resolve a contradiction which makes the defence impossible to apply; and (2) that a new provision be enacted which declares the kinds of evidence that may be relevant where self-defence is raised in the context of domestic or spousal violence.