A person is entitled to use such conduct as he or she genuinely believes is reasonable and necessary for a 'defensive purpose' (that is, in self-defence or in defence of another, or to prevent or end an unlawful imprisonment) under s 15 Criminal Law Consolidation Act 1935 (SA). ...

The Criminal Law Consolidation (Mental Impairment) Amendment Act 2017 (SA) has changed this area of the law substantially to: limit cases where mental incompetence has been caused by self-induced intoxication ensure the paramount consideration when determining whether to release a defendant on licence, is ...

It is not generally a defence to have been intoxicated by alcohol or drugs at the time of committing an offence. However, Part 8 of the Criminal Law Consolidation Act 1935 (SA) [ ss 267A - 269] provides an intoxication defence in limited circumstances. ...

Section 15E of the Criminal Law Consolidation Act 1935 (SA) commenced on 1 February 2021, which allows for a statutory defence of sudden or extraordinary emergency to be raised by a defendant in certain circumstances. From 1 February 2021, it is a defence to a charge (other than a prescribed offence*) ...

Necessity (duress of circumstance) On 1 February 2021, the common law defence of duress was abolished due to the insertion of section 14B to the Criminal Law Consolidation Act 1935 (SA). A new statutory defence of duress exists in certain circumstances from this date [see Criminal Law Consolidation Act 1935 (SA) ...

Under s 15A of the Criminal Law Consolidation Act 1935 (SA) a person is entitled to use such conduct as he or she genuinely believes is necessary and reasonable to defend property from being taken, destroyed, damaged or interfered with; to prevent criminal trespass; ...

The Criminal Law Consolidation Act 1935 (SA) has a number of laws against participation in criminal organisations [Part 3B - ss 83D - 83GG]. This includes: Participation in criminal organisation [s 83E]Maximum penalty: 15 years imprisonment Participation in criminal organisation by assaulting someone [s ...

Under the Serious and Organised Crime (Control) Act 2008 (SA) the Commissioner of Police can apply to an eligible Judge [s 8] for a declaration to be made that an organisation become a ‘declared organisation’ [s 9]. The Act has been substantially overhauled following ...

The Controlled Substances Act 1984 (SA) [Part 4] also creates a number of offences for obtaining drugs by deception from legitimate sources, such as doctors, dentists, or pharmacists. This includes the use and possession of forged prescriptions. Generally these offences duplicate existing ...

Police powers under the Controlled Substances Act 1984 (SA) The Controlled Substances Act 1984 (SA) gives broad powers to the police and other people to investigate offences under the Act including the power to: enter premises at any time; if necessary, break into or ...