Grosvenor St这帮畜生打人的时候是不会查你的护照看你是否有澳洲PR再动手的

Grosvenor St这帮畜生打人的时候是不会查你的护照看你是否有PR再动手的，我们需要有专业的法律人士教我们什么是正当防卫。

Tasmania Criminal Code Section 46. Self-defence and defence of another person
"A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use."

There are two test in s46, the subjective test and objective test.  
Subjective test means the person in defence of himself or another person reasonably believe that person is under threat.  

Objective test means the force used for the self defence must be reasonable.  ie, if the person threaten you do not have any weapon and you shot the attacker or used a knife stabbed the attacker.  Court is likely deem the force used for the self defence is unreasonable.

If someone is TOO obsessional about how the law provisons elaborate under this circumstance, I really have no idea about what he expects from those thugs. Just kindly stand on his position if you were him, what would you do, my dearest buddy?

If someone is TOO obsessional about how the law provisons elaborate under this circumstance, I reall ...
Perhaps.Love 发表于 2010-5-4 11:57

那你现在告诉我，如果你打了他们，他们告你？你怎么办？

谁都想把他们打一顿，但是我更担心同学们以后怎么办

回复 2# nathanxu
就是说如果袭击你的人是赤手空拳，你却拿把刀，法庭有可能判定你不是正当防卫对吧？

回复 3# Perhaps.Love

I simply explained the current legal standing in the said area.  Of course, it is up to you with the level of force you wish to enforce in such situation.  I did not provide any legal advice to anyone.  It occurred to me you seems wanted to apply force to possible attacker without the possible attacker display any reasonable threat.  That choice is purely yours.  

On the other hand, I personally would not initiate on any attack simply on the basis of the legal consequence that may come around and leave me in difficult situation.  It is likely I will loss both jobs and get a criminal record.

回复 6# soju

From my limited experience, I believe it is likely you might be charged by police.

如果抓住他们，不知道被袭击的同学可不可以告他们？需要什么证据？

from other restrict experience，when him confront this kind of situation，he will use weapon to threatened them and run away asap