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There is no "defense of property" to use of deadly force under the common law. Only if her life was in immediate danger can she justify the use of force. If she shot him while he was fleeing, she's in for a jail term, all other things being equal, I predict. This is the reason police never shoot anyone who's fleeing, folks.
Now, some states in the US (notably Texas and Louisiana) formerly had "fleeing felon" laws where you could shoot a felon in the night who was fleeing -- but as far as I know those laws have been done away with as well.
This opinion does not reflect possible descrepancies under the current British statutes and laws, which are beyond my ability to accurately research.
[ 07-27-2004, 02:13 PM: Message edited by: Timber Loftis ]
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