When a Schoolies Confrontation Turns Physical: Understanding Self-Defence

A night out at Schoolies can involve alcohol, crowds and heated situations. An argument might start over something minor, but a confrontation can escalate quickly. Even when you’re defending yourself, the legal consequences may be severe.

So what happens when someone throws a punch? Does being provoked, threatened or attacked provide a legal defence?

What Does the Law Say?

Queensland law recognises self-defence, but it does not mean that a person can respond to any confrontation with whatever force they choose.

Under section 271 of the Criminal Code 1899 (Qld), a person who is unlawfully assaulted, and did not provoke the assault, may use force that is reasonably necessary to defend themselves, provided the force is not intended, and is not such as is likely, to cause death or grievous bodily harm.

There are circumstances where greater force may be justified. This can arise where an assault creates a reasonable apprehension of death or grievous bodily harm and the person reasonably believes they cannot otherwise protect themselves.

The circumstances of the incident matter. Who started the confrontation, what happened immediately beforehand, what the person believed was happening and the force actually used can all become important.

Where an assault is provoked, section 272 of the Criminal Code applies and provides for a narrower self-defence excuse. Where an assault is provoked and a person is in turn assaulted, if the responding violence causes a reasonable apprehension of death or grievous bodily harm, a person can use force reasonably necessary to preserve their life. This excuse is not available if the provocation itself intended to kill or cause grievous bodily harm.

What about when you are defending someone else? When defending another person, section 273 of the Criminal Code applies. This provision makes lawful the good faith use of force to defend a person if such force would be lawful if the person themself exerted it.  

What Can a Court Look At?

A recent Queensland Court of Appeal case, R v Lefoe [2024] QCA 240, involved an incident where self-defence and aiding another person in self-defence were raised as issues.

The case demonstrates why the circumstances surrounding a physical confrontation matter. The Court considered the evidence about the incident, including CCTV footage and the way the confrontation unfolded, when considering the issues raised on appeal.

A claim of self-defence or defence in aid of others is therefore not determined simply by saying that someone was involved in a fight or believed they were defending themselves. The evidence needs to be considered in the context of the legal requirements for self-defence.

What Happens If Someone Is Seriously Injured?

The legal consequences can become much more serious if a person suffers significant injury or dies.

For example, Queensland's Criminal Code contains a specific offence of unlawful striking causing death. Section 314A applies where a person unlawfully strikes another person to the head or neck and causes their death. The maximum penalty is life imprisonment.

That does not mean every punch that causes serious injury will result in this particular offence. The charge will depend on the circumstances and the evidence.

Alcohol can also be relevant to what happened, but being affected by alcohol does not make an otherwise unlawful assault lawful.

What Should You Remember?

A physical confrontation can move from a disagreement to a criminal matter very quickly.

Whether conduct was lawful self-defence depends on the circumstances, including the nature of the assault, the force used and what the person reasonably believed was necessary at the time.

If police become involved, CCTV, phone footage, witness accounts and other evidence may become important in establishing what actually happened.

Want to Know More About the Rules?

• Queensland Criminal Code 1899 – The legislation covering self-defence and offences involving violence.

• R v Lefoe [2024] QCA 240 – A Queensland Court of Appeal decision involving defence in aid of others.

• Queensland Government – Criminal law – General information about criminal offences and the law in Queensland.

Have a question about Schoolies and the law?

Submit your question through our Schoolies Week Legal Enquiry Form and our Crime & Misconduct team will address it as part of our Schoolies legal awareness series. Submit your question here.