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EPISODE · Nov 16, 2010 · 1 MIN

Partial Defense to murder.

from sandeep singh janjua's Podcast · host sandeep singh janjua

Section 34.1 of criminal code establishes that everyone who is unlawfully assaulted without having provoked the assault is justified in repelling force by force, if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself. Under s34.2, everyone who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if a. he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and b. he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm. It is a commonly well accepted that if an individual injure someone during the course of defending oneself then he/she is safe from prosecution. In reality, this is not the case. There is a fine line between self-defense and assault. The lack of knowledge of this line could change the right to self-defense to an offence. This fine line is called excessive force. During the course of defending oneself an individual cannot use force greater than what it takes to stop the attack.

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Partial Defense to murder.

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