Private Defence, the sequal!


Self Defence, which is technically known as Private defence, which itself also incorporates defence of property, is a issue that is shrouded in myth and misinformation. Self defence is the warding off of an attack, that is 1) IMMINENT or 2) HAS COMMENCED. Any retaliation to an assault after the fact does not constitute private defence. This means if someone hits you and you fall to the ground, the attacker turns around and walks away, you may not run after him and hit him back in the name of private defence, This situation would result in an assault on you, the crime will have been completed, and your chase and attack on the previous attacker would be another case of assault, not self defence. In an assault there is always an attacker and a victim, it is not possible for both to commit assault at the same time, however one subsequent to the other is possible. Any self defence must be aimed at the attacker, and must be in proportion to the attack, within reason. This means one cannot use a gun against a flyswatter, this would be exceeding the bounds of private defence. However if someone picked up a rock that could dash a humans head in and cause death, one may use whatever is at their disposal in defence and the defence need not be in exact proportion in this instance. Kind of a situation of the old saying ”bringing a knife to a gunfight.” In private defence there is not a legal onus on a victim to retreat and hide or run away, however, if one has an option to avoid the killing of another human in private defence, by for instance just closing a security gate, one is compelled to take the least offensive action. Using lethal force is only justifiable if no less drastic measures are possible, in other words the minimum force necessary to overcome/avoid the threat. It is a myth that a firearm owner has to legally give a warning shot, or that if someone is inside your home you then may kill on principle. If any risk exists to you, then a warning shot may then be dispensed with just as an example, a verbal warning is also adequate and in fact preferred and safer. If you were to walk in on someone who has just killed a loved one and they jump up and flee, if you are armed, you may not shoot him in the back running away, you may however, if he jumped up and rushed towards you with his weapon. If he strangled your wife who was 45kg, he is 60kg and you are 110kg, he is unarmed and used his barehands, you, who are armed may not shoot him, the law would expect you to be able to ward off the attack by using your size and strength advantage.