Meadow337
Former Moderator
Here I think a usual criterion is "in fear of one's life" and I didn't realize you were shaving your scenario so closely. So what about "in fear of one's life?" Have to be actually shot at first?
Might go to mitigation but won't, in and of itself, get you off the hook.
http://www.roylaw.co.za/home/article/whencanyoushoottodefendyourself/pageid/your-rights
but basically:
While the law remains unclear, the constitutional right to life is likely to be given precedence over the right to protect property.
The criteria in your defense in a court case seems to be that the value of the property must not be trivial ie you can't shoot some one over your TV. And you have to prove that the level of violence used was necessary in order to thwart a direct attack in progress ie if the court decides that you could have avoided bloodshed by giving them your car, your wallet, etc you don't have much of a leg to stand on. But in general your property is not regarded as of equal value to another person's life. The only time you would get away with it scott free is if you could prove you shot in order to save your life, or another person's and even then you'd better have a good lawyer.