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Date Posted: 00:44:36 08/29/02 Thu
Author: Goktimus Prime
Subject: Re: excessive or adequate defence question
In reply to: Bishop 's message, "excessive or adequate defence question" on 04:53:40 08/28/02 Wed

>I would just like to know after reading some of the
>discussions,- would the breaking of a limb such as an
>arm or leg be excessive force? And would the breaking
>of a rib bone or wrist or jaw be too much when
>defending against a common attacker, (someone who is
>just intending to beat you up)

Short answer: YES.

If a person is unarmed and is isn't seemingly trying to induce grievious bodily injury to you, then yes, it would be over the top to break them.

You only have the right to break a person if either you genuinely believe that you are in danger of being broken (and again, you must have legitimate reasons/grounds for believing so) or if the person has a weapon.

Otherwise you would be using excessive force and your attacker would actually have legal grounds to countersue you for using too much force in self defence.

The law defines self defence as using means to protect yourself from harm. If you use excessive force, then you are deemed as being vindictive (i.e.: seeking revenge rather than justice) and you will be liable.

Hope that answers your question.

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