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Formal Consolidation |  2020 RevEd
Extent to which right may be exercised
98.—(1)  The right of private defence does not extend to the inflicting of more harm than it is reasonably necessary in the circumstances.
[15/2019]
(2)  There is no right of private defence in cases in which there is reasonable opportunity to have recourse to the protection of a public authority in the circumstances.
Illustrations
     (a)  Z ambushes A in a secluded area and attempts to kill A. A kills Z while fending off Z’s attack. A is guilty of no offence because, in the circumstances, A had no reasonable opportunity to have recourse to the protection of a public authority.
     (b)  Z ambushes A in a secluded area and attempts to kill A. A’s right of private defence arises because, at that point of time, A had no reasonable opportunity to have recourse to the protection of a public authority. In the midst of the struggle between A and Z, a police patrol car arrives on the scene. A’s right of private defence ceases the moment A had reasonable opportunity to have recourse to the protection of the police.
[15/2019]
Informal Consolidation | Amended S 759/2022
Extent to which right may be exercised
98.—(1)  The right of private defence does not extend to the inflicting of more harm than it is reasonably necessary in the circumstances.
[15/2019]
(2)  There is no right of private defence in cases in which there is reasonable opportunity to have recourse to the protection of a public authority in the circumstances.
Illustrations
     (a)  Z ambushes A in a secluded area and attempts to kill A. A kills Z while fending off Z’s attack. A is guilty of no offence because, in the circumstances, A had no reasonable opportunity to have recourse to the protection of a public authority.
     (b)  Z ambushes A in a secluded area and attempts to kill A. A’s right of private defence arises because, at that point of time, A had no reasonable opportunity to have recourse to the protection of a public authority. In the midst of the struggle between A and Z, a police patrol car arrives on the scene. A’s right of private defence ceases the moment A had reasonable opportunity to have recourse to the protection of the police.
[15/2019]
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Last updated 4 May 2024
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