Should Tony Martin (farmer) have fired a warning shot first?
Look at the circumstances: Martin was by his own admission in illegal in possession of a Winchester repeating shotgun, which could hold five cartridges. He had for some years been unhappy with the protection the police offered in his area. Incidentally, he lost his shotgun certificate after firing his shotgun at another trespasser, who had stolen apples from his Orchard, as the miscreant drove away. He had talked openly about shooting trespassers. On the night in question he heard the victims breaking into the grounds floor of his property. He got up, loaded his gun, went down the stairs, and without any warning fired three shots. He hit both of his targets and one of the them died. Had Martin been inclined to warn his targets, he could have done so perfectly safely. Had he done so, his targets would have run away. No need to shoot at anyone. A sign indicating that trespassers would be shot would not have assisted him since (a) no one would have believed it and (b) the sign would have
