New Zealand Police v Tholfikar Alkhafagi [2016] NZDC 4779

Published 15 August 2016

Self- defence — injuring with intent — Crimes Act 1961, s 48 and 189. A charge of injuring with intent was dismissed due to a finding that the defendant had acted in self-defence. The defendant and alleged victim had been involved in a fight after a heated text messaging exchange. The alleged victim brandished a knife at the start of the confrontation. In determining whether self-defence was made out the Judge had to consider: (a) What were the circumstances as the defendant believed them to be? (b) Did the defendant use force for the purpose of defending himself or another? (c) If force was used by the defendant for the purpose of defending himself, was the force used reasonable in those circumstances? It was determined that in the circumstances as the defendant believed them to be he acted in self-defence. The prosecution was unable to satisfy beyond reasonable doubt that force used was excessive.