COOK ISLANDS - CRIMES ACT 1969

PART III - MATTERS OF JUSTIFICATION OR EXCUSE

Defence Against Assault

50. Self-defence against unprovoked assault - (1) Everyone unlawfully assaulted, not having provoked the assault, is justified in repelling force by force, if the force he uses-

(a) Is not meant to cause death or grievous bodily harm; and

(b) Is no more than is necessary for the purpose of self-defence.

(2) Everyone unlawfully assaulted, not having provoked the assault, is justified in repelling force by force although in so doing he causes death or grievous bodily ham, if-

(a) He causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was original made or with which the assailant pursues his purpose; and

(b) He believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

51. Self-defence against provoked assault - Everyone who has assaulted another without justification, or has provoked an assault from that other, may nevertheless justify force used after the assault if-

(a) He used the force under reasonable apprehension of death or grievous bodily harm from the violence of the party first assaulted or provoked and in the belief, on reasonable grounds, that it was necessary for his own reservation from death or grievous bodily harm; and

(b) He did not begin the assault with intent to kill or do grievous bodily harm and did not endeavour, at any time before the necessity for preserving himself arose, to kill or do grievous bodily harm; and

52. Provocation defined - Provocation within the meaning of section 50 and 51 of this Act may be by blows, words or gestures.

53. Defence of person under protection - Every one is justified in using force, in defence of the person of one under his protection, against an assault, if he uses no more force than is necessary to prevent the assault or the repetition of it:

Provided that this section shall not justify the wilful infliction of any hurt or mischief disproportionate to the assault that it was intended to prevent.

Defence of Property

54. Defence of movable property against trespasser- (1) Every one in peaceable possession of any movable thing, and every one lawfully assisting him, is justified in using reasonable force to resist the taking of the thing by trespasser or to retake it from any trespasser either case he does not strike or do bodily harm to the trespasser.

(2) If, after any one having peaceable possession of any movable thing has laid hands upon it, the trespasser persists in attempting to keep it, or to take it from the possessor or from any one lawfully assisting him, the trespasser shall be deemed to commit an assault without justification or provocation.

55. Defence of movable property with claim of right-(1) Every one in peaceable possession of say movable thing under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending his possession by the use of reasonable force, even against a person entitled by law to possession, if does not strike or do bodily harm to the other person.

(2) If the person entitled by law to possession thereupon attempts to take the thing from or otherwise assaults the possessor, or any one acting under his authority, the assault shall be deemed to be without at justification cat on or provocation.

56. Defence of movable Property without claim of right - (1) Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his possession and the person entitled by law to possession.

(2) If the person entitled by law to possession attempts to retake the thing, and the possessor resists, and the person so entitled thereupon assaults the possessor, he assault shall be deemed to
have been provoked, although the possessor may not have assaulted the person so entitled to possession.

57. Defence of dwellinghouse - Every one is in peaceable possession of a dwellinghouse, and every one lawfully assisting him or acting by his authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he believes, on reasonable and probable grounds, that there in no lawful justification for the breaking and entering.

58. Defence of land or building- (1) Every one in peaceable possession of any land or building, and every one lawfully assisting him or acting by his authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him therefrom, if he does not strike or do bodily harm to that person.

(2) If the last-mentioned person resists the attempt to prevent his entry or to remove him, he shall be deemed to commit an assault without justification.