CRIMINAL CODE

CRIMINAL CODE OF CANADA (SEC. 34) & IMPLICATIONS

 Self-defence against unprovoked assault

Section 34

 

 34.    (1)           Every one 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.

          (2)           Every one 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causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and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.

 

 

 Factors to help you determine if you are in imminent danger of being assaulted:

          - Did the assailant have or appear to have the ability to behave as you perceived?

          - Did the assailant demonstrate intent?  Did words and actions or body language lead you to believe the assailant had the intent to attack you?

          - Did the assailant have the means to attack you?

 

 

 Defender - Assailant factors                                               Totality of the circumstances

- Age                                                                                          - Imminent Danger

- Size                                                                                       - Special Knowledge

- Sex                                                                                          - Injury/Exhaustion

- Skill                                                                                         - Multiple Assailants

- Disability                                                                              - Ground Fighting

 

 

 Explanation of Defender - Assailant Factors

Age:   An older person who is confronted with a much younger assailant may need to use a much greater level of force in order to defend himself. Conversely, it would be expected that a younger person who is confronted with a much older assailant would most likely use less force in order to defend himself.

Size:  A relatively small person who encounters a large assailant may have to use greater levels of force in order to defend himself.

Sex:   A female defender who is being assaulted by a male assailant would probably need to employ greater levels of force in order to successfully defend herself.

Skill:   The skill level of the defender and the assailant also enters into the use of force determination.  The defender facing an assailant whose skill level is obviously higher than that of the defender may need to use a higher level of force to defend himself.

Disability:         Persons with physical disabilities are much more likely to be injured during a physical confrontation and in all probability would need to use any means at their disposal in order to successfully defend themselves.

 

Explanation of the Totality of the Circumstances

Imminent Danger:         the defender confronted by an assailant he knows to be armed bust be prepared to use any means possible to protect his life

Special Knowledge:      the defender knows that the assailant has special skills that make the subject a greater threat to the defender.  The assailant may be a boxer, wrester or street fighter.  Here again, the defender may need to use a higher level of force to muster a successful defense.

Injury/Exhaustion:         should a defender have been injured in a confrontation, he may need to use a higher level of force immediately.  This would also apply where a foot pursuit or other exhaustive activity had occurred.

Multiple Assailants:       when a defender is faced with the unenviable situation of having to defend himself against multiple assailants, he would definitely have to employ the most sever defense tactics in order to survive such an ordeal.

Ground Fighting:           the defender faces 6 tactical disadvantages when they find themselves on the ground:

if your assailant is much heavier than you, he can use his extra weight to a greater advantage against you.

debris strewn on the ground, such as broken glass, a board with a nail sticking through it, etc., could readily injure you.

due to the possibility of being bitten and exposing yourself to debilitating or fatal diseases, it is much safer to defend yourself from a standing position.

should he have friends nearby, they could deliver potentially fatal kicks to the most easily injured part of your body, ie: your head (this is a very common cause of death in many street fights).

the assailant could be armed with a knife, which he may readily use against you.

when downed, you lose the ability to take advantage of any weapon of opportunity or upper hand the environment may offer.