Is it legally justifiable in Australia to pull out of knife and fight if someone else pulls out a knife first?
You can check the answer of the people under the question at Quora “australian knife fight“
About Eden
Written by: Eden
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Is it legally justifiable in Australia to pull out of knife and fight if someone else pulls out a knife first?
You can check the answer of the people under the question at Quora “australian knife fight“
About Eden
For the first part, yes, it is legal to defend yourself to the best of your ability.
If you were returning to your vehicle from your boat after a day out fishing and forgot you had a filleting knife on your belt, and used it to defend yourself you wouldn’t have a problem.
If either of you were carrying a knife for self defense you would have a big problem.l.p.
You can use whatever is at hand to put up a reasonable defence, you can’t carry something around with you for the express reason of defending yourself, just as people can’t carry items around for the express reason of causing others harm.
We are talking about a knife here, the question would be asked, “Was there any alternatives to you using a knife to protect yourself, could you run, could you call for assistance, could you lock yourself in a car or building, why did you have to stand and fight?”
If the answer is, I needed to show someone who was tougher, or I don’t back down from anyone, you are going to be in trouble.
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It better be! If it isn’t leave that backwards ass 3rd world country and come join the rest of the civilized world where if some jackass tries to hurt you it might be the last thing they ever do.
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Yes and No.
You are allowed to use force to defend yourself, equal with the force needed to defend yourself and you must stop defending yourself once the threat has subsided.
You must only defend yourself with force, if there is no option to retreat from the threat.
You are not allowed to “stand your ground”, you must retreat if that option is available and you cannot manipulate things, so that you purposefully have no retreat available.
You are not allowed to run after the person and then attack them. That would be considered Murder, Manslaughter or Defensive Homicide or assault, depending on the circumstances.
You are not allowed to carry a knife for self defence. You are not allowed to carry any weapon for self defence.
If someone comes at you with a knife, you are allowed though to defend yourself through any means neccessary, up to the point where the person is no longer a threat. If you continue to attack the person after they are no longer a threat, you can be charged with Defensive Homicide.
If you do defend yourself and you do not continue after they are no longer a threat, you can legally defend yourself and will not be charged with a crime relating to the defence. You may though be charged with weapons crimes depending on h…
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