Act 9 Penal Code Act 2008 (b) property, whether movable or immovable, of himself, herself or of any other person, against any act, or attempted act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass. 41. Right of Private Defence Against Act of Person of Unsound Mind, etc. When an act, which would otherwise be an offence is not an offence by reason of age, want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he or she would have had as if the act was an offence. Illustrations— (a) “Z” under the influence of madness attempts to kill “A”. “Z” is guilty of no offence. But “A” has the same right of private defence which he would have if “Z” were sane; (b) “A” enters by night a house which he or she is legally entitled to enter. “Z” in good faith taking “A” for a house breaker, attacks “A” Here “Z”, by attacking “A” under this misconception, commits no offence. But “A” has the same right of private defence against “Z”, which he or she would have if “Z” were not acting under that misconception. 42. General Limit of Right of Private Defence. The right of private defence shall, in no case, extend to the inflicting of more harm than it is necessary to inflict for the purpose of defence. 43. No Right of Private Defence when Protection of Public Authorities Available. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. 40