R v Portelli

The appellant, Portelli, was charged with recklessly causing serious injury to a person, contrary to section 320(2)(a) of the Crimes Act 1900 (NSW). The incident arose out of a fight between the appellant and the victim, during which the appellant struck the victim with a bottle, causing serious injury. The appellant claimed that he acted in self-defence or in the defence of another person. The case was heard in the Supreme Court of New South Wales.

The court had to decide whether the appellant's actions were justified under the defence of self-defence or defence of another, and if so, whether the jury was properly directed on the applicable legal principles. The court also had to consider whether the evidence of an earlier fight between the appellant and the victim was admissible to show that the appellant acted in self-defence.

The court held that the jury was properly directed on the legal principles applicable to the defence of self-defence or defence of another. The court held that the trial judge correctly applied the conventional test for self-defence, which requires the accused to act in response to an unlawful assault, and the force used must be reasonable in the circumstances. The court also held that the trial judge correctly qualified the conventional test by reference to the principle of proportionality, which requires the force used to be proportionate to the threat faced. The court held that the balance of the test was not changed by the fact that the appellant was defending another person, and that the evidence of the earlier fight was admissible to show that the appellant acted in self-defence.

The court dismissed the appeal and affirmed the conviction.