The High Court’s Tainan branch this month upheld a lower court’s ruling denying a man’s claim of self-defense after he pepper-sprayed his neighbor. The ruling is final and cannot be appealed.
On Aug. 10 last year, the defendant, surnamed Chuang (莊), was standing in the courtyard of his residence, arguing with his neighbor, court documents said.
The neighbor approached the gate and at one point extended his left hand over the top of the gate, pointing his finger at Chuang, the documents said.
Photo: CNA
Chuang took out pepper spray and sprayed the neighbor in his face, they said.
The neighbor experienced a burning sensation and sought medical attention before pressing charges against Chuang.
The judge in the initial trial in May concluded that while the neighbor had provoked Chuang and extended his hand over the gate, he did not actually open the gate and enter, nor did he physically assault Chuang.
If Chuang had genuinely been concerned for his personal safety, he could have kept his distance or called the police, the court concluded, adding that Chuang chose to confront the neighbor and pepper spray them.
This was not self-defense, but constituted assault, the court ruled.
In an appeal, Chuang said he had been repeatedly harassed by the neighbor for an extended period, and had often called the police and filed complaints.
During the incident last year, the neighbor yelled in front of his door, approached and grabbed the iron gate, Chuang said, adding that his elderly and infirm grandmother was standing near the gate, and he was concerned the neighbor might break in and harm her.
He used the pepper spray after repeatedly shouting “leave” and warning the neighbor that it was pepper spray, he said, adding that he believed he was protecting himself and his family.
After reviewing the surveillance footage, the High Court said the footage did not show the neighbor opening the gate or attacking.
Chuang did not experience any physical confrontation, nor was there any unlawful invasion, it said.
Chuang used the pepper spray, believing he was about to be attacked, but this did not meet the requirements for legitimate self-defense, it said, adding that the situation did not justify assault.
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