OK for a start "breaking into a home" and "attacking us" are two very different situations. In the latter there's a direct threat to life so it warrants a completely different approach. In the former someone is trying to steal property and at the end of it all, it's just stuff that can probably be replaced (TV DVD etc) they're not interested (in the main) in anything that's of sentimental value to you, they just want a quick "in and out" (don't we all :lol2: )
Being attacked is a whole different ball game, especially if the attacker is armed, but you do still have to remain in control of your emotions as subduing an attacker and then kicking seven shades out of them is definitely an assault against them, even if they had a weapon to start with.
Reasonable force is enough force to escape from immediate threat or danger or enough to subdue the attacker. Any more and you probably will find yourself on the wrong side of the dock.
TBH I have to deal with people who can be extremely violent every day and as a result I have to be acutely aware of where the legal lines are drawn.
Reasonable force?
If you are attacked, any force that you use must cease when the attackers turns and moves away, unless it is to subdue the attacker.
So if a man points a gun or weapon at you and you feel that you or others are in danger, then you can shot him. If he then drops the weapon, putting another in the head is murder.
If he is running away you may hold and restrain him until you can turn him over to the police at the earliest possible moment.
What you do you will have to justify your actions.
If you are a police officer and kill a man who has just shot five men and reloading to shot seven more bond and blindfolded you can look forward the a criminal trail. Some people are held to higher standards.
Travis
reasonable force...so you've knocked the person who broke into your house out cold.
unreasonable force...so you've knocked out the person who broke into your house out cold...but you continue to kick and punch seven shades of shit out of him.
I just don't get the law's reasoning behind these rules.
I feel that if someone enters my house uninvited, why the hell should they have any rights at all?
If I hurt or kill someone because they are in my house uninvited, why isn't that just their own fault for being there?
But how would he have known a warning shot would have made the guy run away??
I'm eager to put this one into context. I know next to nothing about the situation in SA, but from what I do know, It can be a sight scarier than rural Kent.
Some people may say killing a burglar is over reacting but my opinion is that if the burglar was'nt breaking into my house I would not have killed him.
I believe that when you commit crime you give up your human rights to be treated fairly.
Thats the problem mr powers, where do we draw the line?, I have no answer, but if that was the law then yes.
I think most people forget the fact that you are only going to take someone down when you know you can do it. Whatever the circumstances, you have the upper hand and are supposed to be able to exercise the difference between the humane and the barbaric.
The barbarian is judged and found guilty, the humanitarian, is left to suffer in silence.
if you wake up or discover someone in your house who shouldnt be there you can do what you like to them.
Stuff the law!.
Hit em hard and make sure there never break into a house for car them good.