Moss v. Howdle 1997 J.C. 123 at p. 127 A – B
Citation: Moss v. Howdle 1997 J.C. 123 at p. 127 A – B
Rule of thumb: If you are in danger and seriously hurt another person, can this still be self-defence? Yes, it can, as long as you can prove, (a) you were in immediate danger, and, (b) you did not strike excessive times, then it can still be a valid self defence.
Judgment:
"But generally, and with relation to the ordinary condition of a well-regulated society, this is at least somewhat a difficult plea, and can hardly be serviceable in the case of a trial for any atrocious crime, unless it have the support of these qualifications: an immediate danger of death or great bodily harm; an inability to resist the violence; a backward and an inferior part in the perpetration; and a disclosure of the fact, as well as restitution of the spoil, on the first safe and convenient occasion. For if the panel take a very active part in the enterprise, or conceal the fact, and detain his share of the profit, when restored to a state of freedom, either of these replies will serve in a great measure to elide his defence."
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.