 The person who shot him was standing over him and the shot was fired at close range.Nally said in evidence he was afraid Ward would kill him, which was why he fired the second shot (to frighten him [Ward]).The Defense argued provocation, as Nally could have reasonably assumed John Ward had been responsible for the theft of the chainsaw and perhaps the numerous other thefts since, as Mr. Nally recognised the vehicle outside his home on 14 October as that bearing the description of the one seen in the vicinity of his home the day his chainsaw was stolen (in 2003).