Quote:
Originally posted by memi stan
Should he have killed the man? No.
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If he shouldn't have killed him, then it's not self-defence. Just because you're scared of someone doesn't mean it's okay to kill them. Just because someone "deserves it" doesn't make it okay to kill them either. Unless the man presented an immediate threat to him it's not self-defence.
1. The defendant reasonably believed that he was in imminent danger of suffering bodily injury
Nope, he was running away.
2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger;
Nope, running away.
AND
3. The defendant used no more force than was reasonably necessary to defend against that danger.
Stabbed in the back five times while running away, hmm, let me think about that one
Personally I don't care, the guy had it coming, good riddance! That's not what you asked, though. You asked whether it constituted lawful self-defence - not on those facts it doesn't.
