Thay was a quick search and research effort. Cheers, carry on with your sterling work.
No because he wouldn't know if the sound was her or the intruder. This is the problem, he put four rounds through that door without actually knowing what he was shooting at. This is why the judge has found him guilty of negligent homicide.
The judge found that Pistorius was reckless and used excessive force.
First highlight - define pleaseDon't be silly. You know that you need to be directly under threat and you need to identify the source of the threat. You can't shoot innocent bystanders.
The highlighted part is certainly wrong. An apprehended assault is enough. There is no need to await the first blow.Some of the principles applicable to the question posed above are as follows:
You should ascertain if the attack is ongoing or whether the attack is over. It sounds silly, but it is an important issue in court. You can only defend yourself against an attacker during an ongoing/imminent attack. If your attacker has fled the scene of the crime you cannot pursue him and think you are still acting in self-defense. Retaliation is not self-defense. In those circumstances you have become an attacker yourself and would be guilty of an assault. Your defence must also be directed towards the attacker. You cannot defend yourself by assaulting somebody else who never launched an attack on you.
Anyway, case law please? You are dodging my questions.
I have cited these laws before on this thread. I am not dodging your questions, only your laziness.![]()
Mmmm, whatever. [emoji84] I'm going out now so have fun for the rest of the day.No you haven't. You have cited nothing about any obligation to identify an assailant first. You can't have because SA us a country with a well-developed jurisprudence and nothing of that kind could withstand examination in such a context. Maybe you found a case in which, in the specific circumstances, it was held to be wrong not to have identified or challenged the aporehended threat but it would be very surprising if there were a case that established an across-the-board principle couched in terms similar to your formulation.
And it is evasive to refer to unidentified previous posts. If you have a cite, just post it and we can all take a look.
Why?
It's fundamental. You don't use a professional as a benchmark for the 'reasonable person' comparison unless the defendant is also similarly professional. This is how the 'reasonable person' test works, and quite rightly so.
This was a dark place in a gated community in a violent and lawless country. It was the middle of the night There was no way, without risk, to find out whether the intruder was armed nor what his intentions were. . Shooting at him seems perfectly OK to me.
If anyone knows of a risk-free alternative go for it. Remember the pro guidelines I posted earlier - neither a warning nor a demand are necessary if they cannot be given without risk.
OP put himself in the bathroom, facing the unknown. He put himself at risk.
Get out the bedroom door with your partner and summon help, quite possibly using the gun to cover the passageway while Steenkamp exits. This obviates the need for warnings or demands entirely, so your 'protip guidelines' are a red herring.
How likely is an intruder going to shoot from inside a toilet,assuming the occupant of the house has rumbled him? Not knowing whether occupant is armed(cant recall if OP shouted that he was). Wouldn't it be a bit dangerous to shoot from inside a small bathroom anyway?
Excuse me? Why does he have to abandon his own property? I guess that's a self defence point really but even so. It can't be the law that one must vacate ones own property when an intruder gets in. Whatever, your solution doesn't seem all that safe to me. What if the guy comes charging out of the toilet firing at you while you are going downstairs? Please demonstrate how this is safer than shooting him while he's in the toilet. Right. You can't.
No you haven't. You have cited nothing about any obligation to identify an assailant first. You can't have because SA us a country with a well-developed jurisprudence and nothing of that kind could withstand examination in such a context. Maybe you found a case in which, in the specific circumstances, it was held to be wrong not to have identified or challenged the aporehended threat but it would be very surprising if there were a case that established an across-the-board principle couched in terms similar to your formulation.
And it is evasive to refer to unidentified previous posts. If you have a cite, just post it and we can all take a look.