Law 2101 Study Guide - Quiz Guide: Assault Causing Bodily Harm, Self-Defense, The Crowns
Document Summary
Air of reality: accused has to ensure there is evidence on table to raise the issue. Defences are related all in a sense species of necessity: necessity: circumstances made me do it, not in code, but rather a common law defence preserved by s. Imminent peril facing the accused (or 3rd party, family member: has to be reasonable, but judged from accused"s position, probably peril has to be physical, but this is not certain. No other way out: modified objective standard, no defence is reasonable and legal alternatives were available, related to point 1 since less imminent peril the more alternatives available. Proportionality between harm inflicted and harm avoided lesser of two evils purely objective test: r. v. perka: Facts: the appellants were drug smugglers taking marijuana from colombia to alaska when their ship encountered troubles off the coast of vancouver.
