Right of private defence against deadly assault extends to running risk of harm to innocents when unavoidable. Where an assault reasonably causes apprehension of death, the right of private defence permits necessary defensive action even if effective exercise unavoidably creates a risk of harm to innocent persons, provided the defender cannot effectually defend without creating that risk and the apprehension of death is reasonable.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Right of private defence against deadly assault extends to running risk of harm to innocents when unavoidable.
Where an assault reasonably causes apprehension of death, the right of private defence permits necessary defensive action even if effective exercise unavoidably creates a risk of harm to innocent persons, provided the defender cannot effectually defend without creating that risk and the apprehension of death is reasonable.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.