16
Crimes
2013, No. 10
(a) the person used the force under reasonable
apprehension of death or grievous bodily harm
from the violence of the party first assaulted or
provoked and in the belief, on reasonable grounds
that it was necessary for his or her own preservation
from death or grievous bodily harm; and
(b) the person did not begin the assault with intent to kill or
do grievous bodily harm and did not endeavour, at
any time before the necessity for preserving himself
or herself arose, to kill or do grievous bodily harm;
and
(c) before the force was used, he or she declined further
conflict and quitted or retreated from it as far as was
practicable; and
(d) the force he or she uses is no more than necessary for
the purpose of self defence.
(4) A person is justified in using force, in defence of the person
or anyone under that person’s protection, against an assault, if the
force he or she uses:
(a) is not meant to cause death or grievous bodily harm;
and
(b) is no more than necessary to prevent the assault or the
repetition of it.
(5) This section shall not justify the wilful infliction of any hurt
or mischief disproportionate to the assault that it was intended to
prevent.
(6) A person is justified in using force, in defence of the person
or anyone under that person’s protection, against an assault,
although in so doing the person causes death or grievous bodily
harm if:
(a) the person causes it under reasonable apprehension that
the violence with which the assault was originally
made or with which the assailant pursues his or her
purpose will cause death or grievous bodily harm to
the person under his or her protection; and