LAWS 2302 Lecture 10: Lecture 10.docx
19 Feb 2014
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R. v. petel (1994, scc, p. 939) Jury must seek to determine: how perceived the relevant facts (subjective test), and. Perceive that they were in danger, and in assessing that one would take into account the accused"s prior relationship with the victim, the personal characteristics of the accused: whether the perception was reasonable (objective test) Lavelle expands on the scope of self-defence to the accused who perceives that she is in danger and has acquired. Convicted of 2nd degree murder; qu . C. a. overturned conviction 2:1 and ordered a new trial; crown appeals. Facts: is charged with killing alain raymond, is mother of jos e desjardins, who was going out with serge edsell. Decision: here, is relying on s. 34(2) trial judge told jury that evidence of serge"s previous assaultive behaviour was relevant to the issue of whether serge and alain raymond in fact threatened on july. 21st and whether they had present ability to carry out the threat.
