Journal article

Offensive weapons and self-defence

D Lanham

CRIMINAL LAW REVIEW | SWEET MAXWELL LTD | Published : 2005

Abstract

An uneasy synergy exists between the law prohibiting offensive weapons (by whatever name or description) and the defence of self-defence and kindred defences. Legislation prohibiting offensive weapons rarely deals specifically with self-defence. In cases on the subject much appears at first sight to depend on the wording of the legislation with which the court is dealing but some general principles which transcend that legislation can be discerned. This article identifies five general principles which should form the starting point in interpreting any legislation which does not deal with the matter expressly and conclusively.

University of Melbourne Researchers