The Supreme Court determined the defendant's actions constituted lawful self-defense under Section คำพิพากษาฎีกาที่ 2755/2539: ผู้เสียหายใช้ไม้ยาวประมาณหนึ่งศอกตีจำเลยจนตกน้ำ แล้วยังทำร้ายต่อขณะจำเ

SUPREME COURT DECISION No. 2755/2539
Year: 1996 (B.E. 2539)
Relevant Code Sections: Criminal — Section(s) 68, 288

SUMMARY
The victim attacked the defendant with a wooden pole, knocking him into water and continuing the assault as he emerged. The defendant used a stabbing weapon three times in self-defense. The Supreme Court determined the defendant's actions constituted lawful self-defense under Section 68, as the force used was proportionate when comparing the stabbing weapon against the sustained assault with a wooden pole. The threat was ongoing and immediate, justifying the defensive response.

FACTS OF THE CASE
The victim attacked the defendant with a wooden pole, knocking him into water and continuing the assault as he emerged. The defendant used a stabbing weapon three times in self-defense.

COURT'S HOLDING
The Supreme Court determined the defendant's actions constituted lawful self-defense under Section 68, as the force used was proportionate when comparing the stabbing weapon against the sustained assault with a wooden pole. The threat was ongoing and immediate, justifying the defensive response.

LEGAL ANALYSIS
The Supreme Court determined the defendant's actions constituted lawful self-defense under Section 68, as the force used was proportionate when comparing the stabbing weapon against the sustained assault with a wooden pole. The threat was ongoing and immediate, justifying the defensive response.

PRACTICAL IMPLICATIONS
Criminal intent is assessed from all surrounding circumstances including the weapon used and body parts targeted. Defendants should preserve all evidence showing lack of intent to kill.

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Note: This is an English-language summary of the Thai original judgment.
For the authoritative Thai text, please refer to the Thai version above
or visit deka.supremecourt.or.th.