Act 9 Penal Code Act 2008 46. When Right of Private Defence of Property Extends to Causing Death. The right of private defence of property extends, under the restrictions mentioned in sections 43 and 44 of this Act, to the voluntary causing of death only when the act to be repulsed is of any of the following— (a) robbery; (b) house-breaking by night; (c) mischief by fire committed on any building, tent or vessel, which building, tent or vessel, is used as human dwelling or as place for the custody of property; or (d) theft, mischief or house-trespass in such circumstances as may reasonably cause apprehension that, if such right of private defence is not exercised, death or grievous hurt shall be the consequence. 47. Right of Private Defence against Deadly Assault when there is Risk of Harm to Innocent Person. The right of private defence against an assault which reasonably causes the apprehension of death, may be exercised, even if such defence can only be exercised at the risk of causing harm to an innocent person. Illustration— “A” is attacked by a mob which attempts to murder him or her. He or she cannot effectually exercise his or her right of private defence without firing on the mob and he or she cannot fire without risk of harming young children who are mingled with the mob. “A” commits no offence if by so firing he or she harms any of the children. 42