(1)The right of private defence does not extend to the inflicting of more harm than it is reasonably necessary in the circumstances.
Section history
Section 98 — Extent to which right may be exercised
As in force on 3 January 2023.
Timeline 4 versions
- 30 March 1987 Enacted
- 30 November 2008 Revised edition
- 1 January 2020 Act 15 of 2019
- 3 January 2023 You are here
- 17 August 2026 Latest
(2)There is no right of private defence in cases in which there is reasonable opportunity to have recourse to the protection of a public authority in the circumstances.
Illustrations
(a) Z ambushes A in a secluded area and attempts to kill A. A kills Z while fending off Z’s attack. A is guilty of no offence because, in the circumstances, A had no reasonable opportunity to have recourse to the protection of a public authority.
(b) Z ambushes A in a secluded area and attempts to kill A. A’s right of private defence arises because, at that point of time, A had no reasonable opportunity to have recourse to the protection of a public authority. In the midst of the struggle between A and Z, a police patrol car arrives on the scene. A’s right of private defence ceases the moment A had reasonable opportunity to have recourse to the protection of the police.