From 1 February 2021, it is a defence to a charge (other than a prescribed offence*) if the defendant carried out the conduct constituting the offence in response to circumstances of sudden or extraordinary circumstance and at the time of carrying out the conduct:

1. the defendant reasonably believed that:

AND

2. objectively, the conduct was a reasonable response to the emergency.

An emergency need not involve a risk of death or serious harm.

If a defendant raises such a defence, the defence is taken to have been established unless the prosecution disproves the defence beyond a reasonable doubt.

The defence is not available for prescribed offences which include:

From 29 March 2021

If a defendant asserts that the offence occurred in circumstances of family violence, the questions of whether the defendant reasonably believed that particular conduct was the only reasonable way a particular threat could be avoided, or whether objectively the particular conduct was a reasonable response to a particular threat, are to be determined having regard to any evidence of family violence admitted during the course of the trial. For the legislative definitions of circumstances of family violence, and evidence of family violence see sections 34V and 34W of the Evidence Act 1929 (SA) [Criminal Law Consolidation Act 1935 (SA) s 15B(2)-(3)].