Section 96 to 106 (private defence) embeds a 'reasonable apprehension' standard. Which statement is MOST accurate about its limits?
AThe right is absolute and unlimited
BThe right is subject to the rule that no more harm than necessary may be inflicted (s99) and certain offences (e.g., acts of public servants in lawful discharge) do not give rise to the right
CThe right exists only in one's own home
DThe right is available only to soldiers
Answer & Solution
Correct answer: B. The right is subject to the rule that no more harm than necessary may be inflicted (s99) and certain offences (e.g., acts of public servants in lawful discharge) do not give rise to the right
Section 99 is the cornerstone limiter: no greater harm than necessary; not against acts of public servants acting under colour of office unless those acts cause apprehension of death/grievous hurt; not where time exists to seek state protection.
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