https://en.m.wikipedia.org/wiki/Self-defence_in_English_law All hinges on whether the force used in self defence is ‘reasonable’. So in the example of Nazis smashing in the door of a Jewish family, the judge would have to decide whether the Nazis were definitely going to kill the family. People forget how subjective the law is…… ….as if judges and the law get involved in the day to day stuff of wars ffs…..
If a killer was trying to get into your house to kill your family and you killed him, that's self defence. Tony Martin killed a burglar.
Yes, if they came into your house to kill you or your family. The reason I raised it to show that most countries' laws will most definitely take a side in this situation, and won't take the view that if you fight back, you're just as bad as the killer.
But mate, surely the assailant isn’t a killer if he hasn’t actually killed anyone. In your opinion, is the onus on you to prove he attended to kill or on the prosecution to prove that he didn’t and say….just rob the place ?
The test for whether you believe you and your loved ones are in danger is subjective. So you can defend yourself if you believe there is a real threat. The test for what force you can use is objective. It has to be deemed reasonable in the eyes of right thinking members of the public. The Clapham omnibus test.
This is what I like about this thread….always an opportunity to learn. Googled The Clapham Omnibus test as had never heard of it. Will read properly later as still watching TopBoy.
Sorry to hear about you and your crew mate Staines. I can’t even begin to understand the stress something like this puts you all under; the pain and emotion is so high. Come through it and back stronger, your humility and compassion is admirable and demands complete respect mate