JSB171 Lecture Notes - Lecture 1: Indictable Offence, Grievous Bodily Harm, Starting Pistol
Document Summary
Onus excuse the accused to raise some evidence | r to negative brd. A&b"s assaults on m disproportionate to verbal assault to m could not have relied on provocation unprovoked assault s271 should have been left open to jury. Provocation as defined in s268: johnston; prow: provocative act, words . Cl only sufficient in extreme circumstances: moffa: sexual advances: green v r (homosexual, not self-induced provocation: s268(4); voukelatos, ordinary person test: stingel, proportionality: rose; verhoeven v ninyette per wheeler j. Only in response to unlawful assault not in anticipation of one. Threatened application of force with apparent ability to carry out threat 2nd limb: but may be continuing assault that is present even where defendant temporarily ceases: o. Walking away: lavalee (canada) (bws continuing assault husband walking away after assaulting her self defence as cycle predictable: still more rigid than common law position where only need to prove need to protect oneself:
