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Requirements for private defence (often reffered to as "self-defense"....)
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a) The attack must be unlawful
b) The attack must be directed against interests which, in the eyes of the law, ought to be protected
c) The attack must be threatening or imminent but not yet completed
d) The defensive act must be necessary
e) There must be a reasonable relationship between the attack and the defensive act
(i)
the relative strength of the parties
(ii)
the gender of the parties
(iii)
the age of the parties
(iv)
the means they have at their disposal
(v)
the nature of the threat
(vi)
the value of the interest threatened
(vii)
the persistence of the attack
(viii)
the possible means or methods the defending party has at his/her disposal at the crucial moment
It would seem that our courts require an assaulted person to flee if possible rather than kill his assailant unless such an escape would be dangerous.
f) The attacked person must be aware of the fact that he is acting in private defence
There is no such thing as inadvertent or accidental private defence. Private defence cannot succeed as a defence in cases where it is pure coincidence that the act of defence was in fact directed at an unlawful attack.