Self-defence - national proceedings

Commonwealth of The Bahamas

Bahamas - Penal Code 1924 (2010)

BOOK I
GENERAL PROVISIONS

TITLE vii
JUSTIFIABLE FORCE AND HARM

107. Use of force for prevention of or defence against crime.

(1) For the prevention of, or for the defence of himself or any other person against, any crime, a person may justify the use of necessary force, not extending to a blow, wound or grievous harm.

(2) For the prevention of, or for the defence of himself or any other person against, any criminal force or harm, a person may justify the use of necessary force, not extending to a wound or grievous harm.

(3) For the prevention of, or for the defence of himself or any other person against, any felony, a person may justify the use of necessary force not extending to dangerous harm.

(4) For the prevention of, or for the defence of himself or any other person against, any of the following crimes, a person may justify any necessary force or harm, extending, in the case of extreme necessity, even to killing, namely —
(a) treason;
(b) piracy;
(c) murder;
(d) manslaughter, except manslaughter by negli¬gence;
(e) robbery;
(f) burglary;
(g) house-breaking;
(h) arson of a dwelling-house or vessel;
(i) rape;
(j) forcible unnatural crime;
(k) dangerous or grievous harm .

BOOK I
GENERAL PROVISIONS

TITLE vii
JUSTIFIABLE FORCE AND HARM

108. Use of force for defence of property or possession or overcoming obstruction of legal right.

A person may justify the use of force for the defence of property or possession, or for overcoming an obstruction to the exercise of any legal right, as follows —
(1) a person in actual possession of a house, land, vessel or goods, or his servant or any other person authorised by him, may use such force, not extending to a wound or grievous harm, as is necessary for repelling a person who attempts forcibly and unlawfully to enter the house, land or vessel, or to take possession of the goods;

(2) a person in actual possession of a house, land or vessel, or his servant or any other person authorised by him may use such force, not extending to a blow, wound or grievous harm,
as is necessary for removing a person who, being in or on the house, land or vessel, and having been lawfully required to depart therefrom, refuses to depart;

(3) if a person wrongfully takes possession of or detains goods, any other person who, as against him, has a present right to the possession of them, may, upon his refusal to deliver up the goods on demand, use such force, by himself or by any other person, not extending to a blow, wound or grievous harm, as is necessary for recovering possession of the goods;

(4) a person may use such force, not extending to a blow, wound or grievous harm, as is necessary for overcoming any obstruction or resistance to the exercise by him of any legal right .

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;