intentional lethal use of firearms may only be made when strictly unavoidable in order to
protect life”.
It may be stated that a law enforcement officer may be justified in using lethal
force in the arrest of a person he reasonably believed to have committed an offence
or is in the process of committing a felony involving the risk of serious harm or
death to others. The important condition here is reasonable necessity. Thus, once
there is such reasonable necessity, even if the reasonableness is wrong, the use of
force will be justified. The United States Supreme Court in GRAHAM VS.
CONNOT 490 US 386(1989) succinctly laid down the issues necessary for the
determination of whether a circumstance of reasonable necessity exists to warrant
the use of lethal force as follows-;
a. What was the severity of the crime believed to have been committed?
b. Did the suspect present immediate threat to the safety of the officers or the
public
c. Was the suspect actually resisting the arrest /or attempting to escape.
The Court further observed that “the calculation of reasonableness must embody
allowance of the fact that police officers are often forced to make split – second
judgments in circumstances that are tense, uncertain and rapidly evolving about
the amount of force that is necessary in a particular situation. Thus, it is the law
that when officers are confronted by particularly powerful suspects, additional
force may be justified. Where a soldier on patrol shot and killed an unarmed man
who ran away when challenged, Lord Diplock held exonerating the officer for
murder and that soldier who is employed in the civil power is under a duty
enforceable under Military Law to search for criminals if so ordered by his
Superior officer and to risk his life should this be necessary in preventing terrorist
acts. For the performance of this duty, he is armed with a firearm, a self- loading
rifle from which a bullet, if it hits a human body is almost certain to cause serious
injury if not death.
Similarly, in R.V Clegg (1951) IAC 482, where a Military officer shot at a vehicle
driving at a very high speed towards the check point/
Lord LLYOD of Berwick stated at P. 479;
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