Lawgist98Right of private defence against the act of a person of unsound mind. etc
When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the 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 would have if the act were that 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 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 would have if Z were not acting under that misconception.
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- 96 Things done in private defence
- 97 Right of private defence of the body and of property
- 98 Right of private defence against the act of a person of unsound mind. etc
- 99 Acts against which there is no right of private defence
- 100 When the right of private defence of the body extends to causing death
- 101 When such right extends to causing any harm other than death
- 102 Commencement and continuance of the right of private defence of the body
- 103 When the right of private defence of property extends to causing death
- 104 When such right extends to causing any harm other than death
- 105 Commencement and continuance of the right of private defence of property
- 106 Right of private defence against deadly assault when there is risk of harm to innocent person
