PHL370H5 Lecture Notes - Lecture 4: Threshold Of Pain
Document Summary
The proportions do not have to be exactly equal. You can use deadly force to stop someone from committing any forcible felony but it cant be so far off from their intentions. The law says you cannot use force to defend yourself in some cases because it would require disproportionate force. Eggshell/skull cases: person who suffers harm has a very thin sensitive skull so even a minor use of force may greatly harm them. Force and harm are different from one another in this case. Harm looks at how hurt you are or how much pain you endured through the attackers force. There are some ways that past harms can matter; for example, if the same person follows through with the same threat they have done in the past, this would make the past more relevant in a case. However, it is not usually legally permissible to look at the past to justify present actions or forces against a person.
