Chooseusername1
(I am not actually a high court judge, but please keep that to yourself...I think I have everyone else fooled).
You said that my comments would not stand up to scrutiny. I was referring to an individual responding with excessive force which would be considered an offence, even if in defence of themself or their home
That wasn’t what you were originally saying. You claimed that it used to be the case that anyone killing an intruder would be automatically charged with murder because they were expected under every circumstance to leave the house rather than confront. The Nally case changed that.
This simply isn’t true. In all cases, killing someone should be the very last resort...for obvious reasons. If there are better and more immediate ways of defending yourself (like leaving, as that would be a defensive action) they should be taken, if they safely can be.
In Nally’s case he shot an unarmed man who was kneeling in front of him twice. On the face of it, he didn’t need to...he had a gun pointed at the man. This is why he was initially convicted and why the first judge refused to even allow the jury to consider self-defence because he wasn’t shooting to defend himself against harm.
When he appealed and the case eventually re-retried he was acquited. This was because of the state of mind years and months of being terrorised by burglars had an impact on his actions.
The law was not changed as a result of the case...a common law provision was added to the statute books. In practice, nothing actually changed and no extra rights were afforded to householders.
Self-defence and what it actually means is fascinating. Pistorius blew his claim of it out of the water the moment he said, “I didn’t mean to shoot anyone”. With self-defence, you DO mean to shoot because you think you have to. He was effectively saying “I didn’t mean to defend myself” which is absurd. All he had left after that as a defence to murder was insanity or accident. And since a panel of psychiatrists said he was sane, and no one shoots four neat shots into a door by accident he ended up convicted of murder.