But lets assume that he really suspected that she meant physical harm and pushed her. At that point, until she gets up and tries to attack (assuming that was her intention to start with), the threat is assumed to be paused.
Correct, except for
and tries to attack
She doesn’t need to try to attack. He merely needs to reasonably believe she is continuing her attack.
the threat is assumed to be paused.
While she is on the ground and unable to attack, that is true. If she stayed on the ground, he would have no justification to continue. But, she didn’t stay on the ground. She was back on her feet and beginning to stand when she was kicked.
Otherwise what is the difference between one kick and ten kicks?
Kicking the attacker before they attempt to continue their attack would not be justified.
If an attacker keeps trying to get up and fight 9 times, the 10th kick would be justified.
Kicking the attacker before they attempt to continue their attack would not be justified.
If an attacker keeps trying to get up and fight 9 times, the 10th kick would be justified.
Exactly, “trying to get up AND fight”. But the latter part is absent in this video, just trying to get up is not indication of attempting to continue the attack. Getting up and moving towards the person? Maybe. But it is not possible to justify kicking someone trying to get up in any reasonable way under these circumstances.
trying to get up AND fight". But the latter part is absent in this video,
It is present immediately before, which is why she was put on the ground. It is not unreasonable to believe her immediate attempt to get up again was to continue her attack. That reasonable belief justified putting her back on the ground, so he could effect his retreat without being attacked again.
Correct, except for
She doesn’t need to try to attack. He merely needs to reasonably believe she is continuing her attack.
While she is on the ground and unable to attack, that is true. If she stayed on the ground, he would have no justification to continue. But, she didn’t stay on the ground. She was back on her feet and beginning to stand when she was kicked.
Kicking the attacker before they attempt to continue their attack would not be justified.
If an attacker keeps trying to get up and fight 9 times, the 10th kick would be justified.
Exactly, “trying to get up AND fight”. But the latter part is absent in this video, just trying to get up is not indication of attempting to continue the attack. Getting up and moving towards the person? Maybe. But it is not possible to justify kicking someone trying to get up in any reasonable way under these circumstances.
It is present immediately before, which is why she was put on the ground. It is not unreasonable to believe her immediate attempt to get up again was to continue her attack. That reasonable belief justified putting her back on the ground, so he could effect his retreat without being attacked again.