MR MILLER
Yes, but that would not be a defence in a murder trial.  I mean it's the same as - let's take another example, let's say that a high-jacker approached someone while they stopped at a robot and he pulls out a firearm and he says: "Give me your car", and the driver of the car then says: "No, I'm not" and the driver then pulls out a firearm himself, and the hijacker because he thinks the driver is going to shoot him, shoots the driver.  Now that can't be construed as any form of self-defence.  And that's exactly the same as what happened here.