How does the court define self-defence in criminal cases?

Prepare for the NCA Canadian Criminal Law Exam with comprehensive study guides and quizzes. Review multiple choice questions with hints and explanations to ensure success. Master your knowledge and ace the exam!

The court defines self-defence in criminal cases as a reasonable response to an imminent threat. This definition hinges on the principles of necessity and proportionality. In the context of self-defence, an individual must believe that they are facing an immediate danger that justifies their use of force in order to protect themselves or others. The response must be considered reasonable under the circumstances.

This means that both the perception of the threat and the ensuing response must align with what a reasonable person would deem necessary to prevent harm. Imminent threats refer to situations where there is an immediate danger to the person’s safety, necessitating a swift response to avoid harm.

In contrast, responses based solely on verbal threats or ongoing harassment may not meet the threshold of self-defence since these do not typically constitute imminent physical danger. Similarly, acting out of revenge does not align with the self-defence justification, as self-defence is meant to be a reactive measure in the face of present threats rather than a proactive or retaliatory action.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy