Defence of sudden or extraordinary emergency

The defence of sudden and extraordinary emergency is provided for under our Crimes Act 1958 (Vic). See section 9AI, which reads:

(1) A person is not guilty of a relevant offence in respect of conduct carried out by him or her in response to circumstances of sudden or extraordinary emergency.

(2) This section applies if and only if the person carrying out the conduct reasonably believes that-

(a) circumstances of sudden or extraordinary emergency exist; and

(b) committing the offence is the only reasonable way to deal with the emergency; and

(c) the conduct is a reasonable response to the emergency.

(3) This section only applies in the case of murder if the emergency involves a risk of death or really serious injury.

The defence of sudden and reasonable emergency was argued in R v Loughlan [1981] VR 443, in response to an allegation of a reckless driving. The Court affirmed the principles as set out under s. 9AI of the Crimes Act 1958 (Vic).

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