Law reform - Self-defence laws need change now

WITH aggravated burglary on the rise in Ireland, the vexed question perplexing home-owners up and down the country is whether force can be used in self-defence against intruders — and what constitutes “reasonable” force.

This controversial topic came under the spotlight in the case of Mayo farmer Padraig Nally, who was jailed for six years for shooting traveller John “Frog” Ward, a 42-year-old father of 11 children in the autumn of 2004. The Court of Criminal Appeal has since quashed the manslaughter conviction of Mayo farmer Padraig Nally and ordered a retrial.

Without preempting the retrial in any way, it is fair to say the case convulsed the nation and went to the heart of public debate on the controversial issue of self-defence. Fundamental questions were raised about the degree of force a person is entitled to use in order to defend one’s life or property against attack.