Castle Law for NSW
Petitioner:
Mrs Kelly James
| Member:
Moylan, Brendan
| No. of Signatories:
1,936
| Date closed:
20/08/2025
To the Speaker and Members of the Legislative Assembly,
The undersigned residents of New South Wales draw to the attention of the House the urgent need for clearer self-defence laws to better protect individuals and families in their own homes.
Concerned community members believe that current self-defence provisions do not sufficiently allow people to protect themselves, their loved ones, and their property from unlawful intruders. At present, NSW law requires that force used in self-defence be reasonable in the circumstances as perceived by the individual. However, this standard can be ambiguous and leave law-abiding occupants vulnerable to criminal prosecution and/or civil proceedings, even when acting to defend themselves against home invasions.
We ask that the NSW Parliament amend the Crimes Act 1900 to reflect and adopt section 43 of the United Kingdom’s Crime and Courts Act 2013 (Use of force in self-defence at place of residence) so that householders who defend themselves and/or their homes in NSW cannot be regarded as acting unlawfully provided the force used is not grossly disproportionate.
Such an amendment will clearly and unambiguously enshrine the ability of occupants to use necessary and appropriate force to defend themselves, others, and their property from intruders within their home, without fear of criminal charges, provided the occupants response is not grossly disproportionate.
