Criminal Code

Marginal note:Self-defence in case of aggression

35 Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if

• (a) he uses the force

  • (i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and

  • (ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;

• (b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and

• (c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.