Textbook Notes (369,153)
Canada (162,424)
Criminology (617)
CRIM 230 (44)

Crim 230 Ch 12.pdf

4 Pages

Course Code
CRIM 230
Simon Verdun- Jones

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Chapter 12Self Defence and Defence of PropertySD raised as defence to charges of assault or homicide amendments made for SD in CC simplified itNew CC Provisions Concerning SDs 34 1 person not guilty of offence if a believe on reasonable grounds force used against them or third party or that a threat of force made to them or another b act constitutes offence is committed for purpose of defending or protecting selves or another from that use or threat of force c the act committed is reasonable in circumstances2 in determining if act was reasonable court shall consider relevant circumstances of person and other parties the act including but not limited to the following factorsa nature of force or threat b extent which force was imminent and whether there were other means available to respond to potential use of force c personss role in incident d whether any party to the incident used or threatened to use a weapon e size age gender and physical capabilities of parties to incident f nature duration history of any relationship bw parties to the incident prior use of threat or force and the nature of that threatforce fi history of interactioncommunication bw parties to the incident g nature and proportionality of persons response to use or threat of force h whether act committed was in response to use or threat of force that the person knew was lawful3 1 does not apply if force used or threatened by another person for purpose of doing something they are required or authorized by lawunless person who commits the act that constitute the offence believes on reasonable grounds the other person is acting unlawfullyselfdefences34 of CC accused will successfully raise claim of selfdefence if 3 elements met 1 believes on reasonable grounds that force being used against himher or third party or that threat of force being made 2 act that constitutes offence is committed for purpose of defending or protecting self or third party from use of threat of force 3 accuseds conduct was reasonable in circumstancesSCC indicate there are both subjective and objective elements in test to apply to defence of SDsubjective elements what were the accuseds perceptions concerning nature and extent of violencethreat of violence employed against himherwhat were accuseds perceptions w respect to amt of force that should be used in SDin other words accused needs to subjectively believe they were being threatened and that it was necessary to deploy degree of force they used to fend for selvesobjective test whether accuseds perceptions were based on reasonable grounds would a reasonable person have responded w similar measure of forceeven if belief was mistaken as long as it is reasonable they can raise SD eg Berrigan 1998 killed victim bc he had belief that victim was reaching for the gun in his pokcet to kill him was under reasonable beliefS342 Criteria for determining if SD was reasonable in circumstancess342a key issue is how accused perceived threat and if it was reasonabledoes not have to wait till physical assault is launchedusually menacing words wo any violent actions or gestures would not justify use of SD but Court may find accused considered to have acted reasonably if there was history of violence or abuses 342b identifies importance of 1 imminence of attack on accused and threat 2 and availability of alternative means to respond to threatPetel 1994 Court ruled that though imminence is important it is not absolute prereq for success of defence daughters bf threatened to hurtkill her daughter and granddaughter for consistently and was doing trafficking drugs Petel shot him and his acquaintance was convicted but acquitted bc of her circumstances how she perceived itSD is last resort will not be accepted if accused had other options that may be considered reasonablecastle doctrineone has right to fend for selves in own home and under no duty to retreat
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