Often around braai fires and other such gatherings where crime becomes a topic, those in attendance will start telling all and sunder with great bravado how they will shoot an intruder.
Earlier this week a 50-year-old Witpoortjie resident and her family was overpowered by three suspects armed with a firearm, pickaxe handle and knobkerrie. Although the family was unarmed, the husband was assaulted to the point of being hospitalised. If they had a firearm, were they justified to shoot?
The following scenarios have been confirmed by a a top ranked local police officer.
1. If someone is on your property it does not mean you can shoot him. Being in a yard is merely trespassing and does not justify killing a person. First fire a warning shot. If the perpetrator then do not flee but continues towards you in a threatening manner you can shoot.
2. What if you do not know if the person is unarmed? If you are 100 per cent sure he is unarmed try and arrest him and call the police. You can not take a chance though. The person might grab a knife in the kitchen and then you are in danger. The law would be more lenient though if an elderly woman on her own, who would easier perceive an intruder as a threat, shoots the perpetrator.
3. If there is an armed intruder, with any dangerous weapon, in your house you can shoot him if you perceive your life to be in danger. Do not gamble with your life. Do not try and converse with an armed intruder.
When you shoot try and shoot at the legs so you can escape. If his back is turned to you you can not shoot unless he turns around and points the weapon at you. Do not shoot him in the back if he is trying to flee out of your property even if he has the stolen goods with him. In the case of a hijacking, where your door is flung open and a firearm, or any other weapon is pointed at you, you are allowed to shoot since there are a perceived danger. If though you are thrown out of your vehicle before you get a chance to draw your firearm and the suspects flee with your vehicle, you are not allowed to shoot since your life is out of danger.
4. After shooting an intruder immediately call an ambulance, the police and your security company.
“The golden rule is only to shoot if your or someone else’s life is in danger. Never shoot on grounds of property. You can not shoot someone for stealing,” said the police officer.
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Also read:Â Violent robbery in Witpoortjie
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