Defending Yourself
From time to time I am asked, “How far can I go to defend myself?” or “Can I hit the burglar that I find in my house with a baseball bat?”
Well, the Crimes Act 1961, Section 48, says:
Self-defence and defence of another
Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.
Each case is judged on its merits.
Perhaps we need to ask ourselves some questions to prepare for possible eventualities. I believe it is best to use a process for decision making before the pressure goes on and instant choices have to be made. It goes like this:
· What do I have to make a decision about? (write it down)
· What choices do I have? (list them all)
· What might result from making each one of those choices? (list all the possibilities)
· Which of these outcomes is the best choice for everybody involved? (make your choice and be prepared to live with the consequences)
Sometimes people sell themselves short by not admitting or realising that they have more than two choices. Another mistake they make is to rush the process. Instead of saying “Do I want to be tried by 12 or carried by 6?” think about every other possible option. Think outside the square. Consider winning your fights by 100 metres (or more). Hope that you will not have your decision making complicated by having to defend someone else who can’t run as fast as you. That can result in having to stick around and face the music. The upside is you might become a hero, but there are no guarantees that you will enjoy being one.
Whenever tempted to use a weapon to improve the odds in one’s favour, consider who might end up in control of the weapon. And if you win by the use of a weapon, are you still going to look like a hero? Never forget that we are talking about defending yourself or some other innocent person and remember that section 48 does not apply to defending property; only people. Isn’t it better to plan ahead so you don’t have to choose between a bad option and an even worse one? For example lock your car doors, make your house more secure, queue for the ATM with your back to the wall facing the street and avoid being in the wrong place at the wrong time.
The whole point of thinking about all sorts of choices and issues that might arise is so that if something unspeakable ever happens you have given yourself the best chance you can that the decision you make in the heat of the moment will bear scrutiny in the cold light of day.
One last question: Do you now have the answer to all the questions about self defence?
The answer: You decide, because no one else can do it for you.