TREZISE v Police

In the matter of TREZISE v Police, the appellant was charged with assault following an incident outside the Eyre Hotel. The prosecution alleged that the appellant punched the complainant, knocking him to the ground, causing him to split his lip and lose consciousness. The appellant claimed that he acted in self-defence, as the complainant had been following him and was abusive, even grabbing him by the shoulder and raising his fist. The case hinged on whether the appellant’s actions were a reasonable response to the perceived threat. The magistrate found the appellant guilty, but this decision was appealed.

The primary legal issue before the court was whether the prosecution had successfully excluded the reasonable possibility that the appellant acted in self-defence. The court had to determine whether the appellant genuinely believed that his actions were necessary and reasonable for defensive purposes, and whether his response was proportionate to the threat he perceived. The appeal centred on whether the magistrate correctly applied the test for self-defence under the relevant statutory provisions and whether she appropriately considered the appellant's state of intoxication in her assessment.

The court found that the magistrate had misdirected herself in applying the test for self-defence. The magistrate had considered the appellant's actions from the perspective of a sober person, rather than someone who had been drinking, which is a crucial factor in determining the reasonableness of the response. The court concluded that the magistrate's error influenced her decision, leading to an incorrect finding that the appellant's actions were not proportionate. Given the circumstances, including the complainant's aggressive behaviour and intoxication, the court found that the appellant's actions were necessary and reasonable for self-defence. Consequently, the appeal was allowed, and the appellant was acquitted.

The court quashed the magistrate's finding of guilt and entered a verdict of acquittal. The parties were to be heard on the issue of costs.