So what exactly are the requirements for shooting an intruder in self-defense?

In order to determine the lawfulness of a defensive action, the courts apply the ‘reasonable man’ test – the question is whether a reasonable man in the same position would have done the same thing.

The following five factors are important:

• The attack must be unlawful.
• The attack must be imminent or already underway.
• The attack must not be complete (it’s not self-defense if you shoot someone after the attack is over.)
• The defensive action must be directed only against the attacker.
• The defensive action must be proportionate to the circumstances (property value and the instrument used in the attack are key considerations.)
• It may seem a little vague but if you follow the above guidelines and keep your actions within the principles of self-defense, you should be safe from legal repercussions.
  

For example: if you wake up in the middle of the night to find a stranger in your house and you shoot him immediately – and it turns out he did not have a weapon, you are going to find yourself in some trouble with the law.

If you shoot him and he did have a firearm – but he was never even aware of you, you’ll still be in hot water.

You cannot shoot the unsuspecting thief on the premise that if you confront him he would harm you – the preemptive strike principle is not applicable in private defense cases.

If the intruder has a knife (or screwdriver etc.) you will only be justified in shooting him if he attempts to stab someone – if he is just standing there holding a knife then shooting him could be judged to be disproportionate use of force.

It could be argued that the fact that an armed intruder is inside your home is enough threat to justify the use of lethal force against him – but there is no law clearly stating this precedent and each case would be judged on its own merits.

An important rule of thumb to keep in mind is that your property is not worth more than an intruder’s life – only shoot when your own or someone else’s life or physical safety is threatened.

So if the intruder is hot footing it across your lawn with your flat screen TV under one arm, it would not be considered justifiable to shot him because your life is nolonger in danger (it’s not self-defense if you shoot someone after the attack is over.)

• Do as you are told. Particularly if the attacker is armed.
• Do not reach for your purse or valuables, keep your hands still and within sight and try to avoid making eye contact.
• In the heat of the moment it can be easy to miss the little things that will enable the police to find your attacker.
• As far as safely possible try to remember the following details: how many attackers are there, were they armed and with what, what were they wearing, what language were they speaking, in which direction did they flee and did they have any defining characteristics (scars, tattoos etc.)?

Source: Caxton publication, North Coast Courier.