McCluskey v HMA (1959 JC 39)
Citation: McCluskey v HMA (1959 JC 39)
Rule of thumb: Can you claim self-defence in killing another person? The presumption is that this was excessive, but you can still argue it was not excessive & was all that could be done.
Judgment:
“Speaking generally, homicide will not be justified by self-defence unless it is committed of necessity on the just apprehension of the killer that he cannot otherwise save his life.” Lord Strachan
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.