LAW309: Every Person has a Right, Subject to the Restrictions Contained in Sections 98 And 106 A, to Defend: Criminal Law, Procedure and Evidence – 1 Assignment, SUSS, Singapore

1. Every person has a right, subject to the restrictions contained in sections 98 and 106A, to defend —

(a) his own body, and the body of any other person, against any offence affecting the human body;

(b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass”.

Discuss this statement in relation to when the right of private defence could arise. You don’t have to cite all the sections, pick those which are relevant to your assignment. Your discussion should consider the burden of proof of the accused person and the factors that the court will take into account before reducing the charge from that of a serious offence to a lesser offence.