Re: 78 Year old Pensioner Arrested for killing burglar
I have not studied law nor do I claim to have done but it is my understanding.
If charges should be brought against someone in where reasonable force is being questioned, once again it is my understanding, it then could be argued without doubt that the defendant felt the need not only to to protect his or her property but their main concern was their family members example: spouse, plus themselves as at the time they feared for their lives therefore the force used was reasonable given circumstances? It can also be be argued that if the spouse is elderly and frail then reasonable force was used when defense has taken place from a intruder, having said this there is no getting getting away from (feared for their lives) is a very strong statement and should only be used without reasonable doubt and understanding - example one that the jury can fully understand example in the situation of the defendant.
It is also my understanding when someone enters your property without invite therefore they are classed by law as a intruder and there is no rule in law to say that a person must wait to be struck first before they may defend themselves when the use of force is used against someone committing crime against you but saying this, this can be a very grey area depending on the all the facts.
Crime is taking place inside your home.
You can use reasonable force to protect yourself or others if a crime is taking place inside your home. This means you can protect yourself in the heat of the moment and this includes using an object as a weapon.
In regards to prosecutors in assessing the reasonableness of the force used, prosecutors should ask two questions was the use of force necessary in the circumstances, was there a need for any force at all.
Then it my understanding in regards to burden of proof, prosecutors need to take special care to recognise, and ensure all sufficiency of evidence in cases where self-defense is used.
Again I'm not legally trained this is just my understanding of reasonable force and I may be wrong in my understandings and the legal system.
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