New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 54E

54E Defence

(1) In proceedings for an offence under section 54D(1), it is a defence if the course of conduct was reasonable in all the circumstances.

(2) For subsection (1), that the course of conduct was reasonable in all the circumstances is taken to be proven if-

(a) evidence adduced is capable of raising an issue as to whether the course of conduct is reasonable in all the circumstances, and

(b) the prosecution does not prove beyond reasonable doubt that the course of conduct is not reasonable in all the circumstances.