During a chance visit to Bowness, Armando Baccari was confronted by the deceased who first argued then proceeded to beat him in an unprovoked attack.
Armando Baccari tried to get up off the pavement where he had been kicked, stomped on and punched by the deceased. During the attack a loaded 45 calibre handgun he was carrying was knocked out of his belt and fell on the concrete. Both he and the deceased scrambled to pick up the gun. Mr. Baccari reached it first and fatally shot the deceased.
This is the most current decision on self defence and the use of a firearm against an individual armed with a knife. The Trial Justice analyzed the subjective (Mr. Baccari’s) and the objective (someone observing the incident) elements of self defence. He concluded Mr. Baccari had subjective fear or his own fear that he could not do anything else to save himself except to shoot the deceased.
The Judge also found an objective person looking at all the circumstances would view this action as justified. It is important to know in a self defence situation, the Court does not look at the situation and second guess what occurred nor does it measure the niceties of the self defence.
The Trial Judge said it was plausible Baccari had “grave concern for his life and was justified in shooting the deceased”. He was found not guilty.
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