PART III
MATTERS OF JUSTIFICATION OR EXCUSE
17. Self-defence-
(1) A person unlawfully assaulted, not having provoked the assault by any blows, words or gestures, is justified in repelling force, if the force the person 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) A person unlawfully assaulted, not having provoked the assault by any blows, words or gestures, is justified in repelling force by force although in so doing the person causes death or grievous bodily harm, if:
(a) the person causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his or her purpose; and
(b) the person believes, on reasonable grounds, that he or she cannot otherwise preserve himself or herself from death or grievous bodily harm; and
(c) the force the person uses is no more than is necessary for the purpose of self defence.
(3) A person who has assaulted another without justification, or has provoked an assault from that other by any blows, words or gestures, may nevertheless justify force used after the assault if:
(a) the person 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 or her own preservation from death or grievous bodily harm; and
(b) the person 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 or herself arose, to kill or do grievous bodily harm; and
(c) before the force was used, he or she declined further conflict and quitted or retreated from it as far as was practicable; and
(d) the force he or she uses is no more than necessary for the purpose of self defence.
(4) A person is justified in using force, in defence of the person or anyone under that person’s protection, against an assault, if the force he or she uses:
(a) is not meant to cause death or grievous bodily harm; and
(b) is no more than necessary to prevent the assault or the repetition of it.
(5) This section shall not justify the wilful infliction of any hurt or mischief disproportionate to the assault that it was intended to prevent.
(6) A person is justified in using force, in defence of the person or anyone under that person’s protection, against an assault, although in so doing the person causes death or grievous bodily harm if:
(a) the person causes it under reasonable apprehension that the violence with which the assault was originally made or with which the assailant pursues his or her purpose will cause death or grievous bodily harm to the person under his or her protection; and
(b) the person believes on reasonable grounds that he or she cannot otherwise preserve the person under his or her protection from death or grievous bodily harm; and
(c) the force the person uses is no more than is necessary to prevent the assault or repetition of it.
18. Defence of dwellinghouse -
A person in a peaceable possession of a dwellinghouse, and everyone lawfully assisting that person or acting by his or her authority, is justified in using such reasonable force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if the person believes, on reasonable grounds, that there is no lawful justification for the breaking and entering.
19. Defence of land or building -
A person in peaceable possession of any land or building, and any person lawfully assisting the person or acting by his or her authority, is justified in using reasonable force to prevent any other person from trespassing on the land or building or to remove the other person from the land or building, if he or she does not strike or do bodily harm to the other person.
20. Defence of movable property-
(1) A person in actual and unchallenged possession of any movable property, or who has a claim of right to that property, and any person lawfully assisting that person, is justified in using reasonable force to resist the taking of that property by any other person, or to retake it.
(2) Despite subsection (1), no person is justified, or excused from criminal liability if in the defence of movable property the person strikes or causes bodily harm to any person.
Self-defence - national proceedings
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