A person is entitled to use such conduct as he or she genuinely believes is necessary to defend property from being taken, destroyed, damaged or interfered with; to prevent criminal trespass; or to arrest someone unlawfully at large - as long as the conduct was reasonably proportionate to the threat the defendant genuinely believed to exist (see also: Home invasion), and if the conduct resulted in death, the defendant did not act recklessly or intend to cause death.
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Defence of property : Last Revised: Tue Jul 3rd 2007 |
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