Section 421 — Crimes Act 1900 (NSW)

(1) This section applies if—
(a) the person uses force that involves the infliction of death, and
(b) the conduct is not a reasonable response in the circumstances as he or she perceives them,
but the person believes the conduct is necessary—
(c) to defend himself or herself or another person, or
(d) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person.
(2) The person is not criminally responsible for murder but, on a trial for murder, the person is to be found guilty of manslaughter if the person is otherwise criminally responsible for manslaughter.

Related sections

• s 418 — Self-defence—when available
• s 419 — Self-defence—onus of proof
• s 420 — Self-defence—not available if death inflicted to protect property or trespass to property
• s 422 — Self-defence—response to lawful conduct
• s 423 — Offences to which Division applies
• s 428A — Definitions

Research how courts apply s 421

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