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Killing in Self-Defence$
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Fiona Leverick

Print publication date: 2006

Print ISBN-13: 9780199283460

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199283460.001.0001

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Killing to Protect Property

Killing to Protect Property

(p.131) 7 Killing to Protect Property
Killing in Self-Defence

Fiona Leverick

Oxford University Press

This chapter is the first of two chapters dealing with the issue of proportionality in self-defence. It examines the issue of whether or not it is ever permissible to kill in defence of property. The approaches taken to the issue in the various major common law jurisdictions are examined. It is argued that it is never permissible to kill in defence of property where there are no reasonable grounds for believing that there is an accompanying threat to life or of serious injury. This applies even where the property is in the home or the property in question is the home itself.

Keywords:   defence of property, proportionality in self-defence, defence of the home, law relating to the defence of property

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