ABSTRACT

While it is accepted that a person may generally defend themselves and their property from attack, the courts and Parliament have always been mindful of minimising the risk of encouraging over-zealous retaliation in such a situation. There is always the danger that the defender may take on the role of attacker. Public policy also dictates that revenge attacks or vigilante-type behaviour must be discouraged at all costs. For this reason, the use of any force in self-defence must always pass the test of reasonableness. In essence, this is a question of fact for the jury, taking into account all the relevant factors in the case.