(a)such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
Section history
Section 100 — Right of private defence against deadly assault when there is risk of harm to innocent person
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 100 — Original text to 1 January 2020superseded
The right of private defence of the body extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right is of any of the following descriptions:
(b)such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(c)an assault with the intention of committing rape;
(d)an assault with the intention of gratifying unnatural lust;2008committing non-consensual penile penetration of the anus;2008
(e)an assault with the intention of kidnapping or abducting;
(f)an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
Section 100 — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
If, in the exercise of the right of private defence against an assault which causes the defender to reasonably believe that death would be caused to him or to any other person and the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. A cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.