CRM 2300 Lecture Notes - Lecture 20: Grievous Bodily Harm, Objective Test
24 Apr 2015
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Objective test, however, canadian courts have looked at subjectivity as well. Drunk guys were kicked out of the club. They got upset and started kicking and punching the door. Doherty was asked to tell them to leave so he did. He turn to walk back into the club and one of the guys tried attacking him, he turned and punched the guy, he fell, hit his head and died. It was unprovoked, he was assaulted, he did not intend to kill the guy, it was proportional. Yes the bouncer is big and strong, but he feared that he was going to be attacked. Two difference: section 34(2) applies even if the accused was the initial aggressor whereas section. 34(1) requires unprovoked element: section 34(2) does not require proportionality of use of force, section 34(2) consider objective (accused believed on reasonable grounds that he cannot preserve himself) and subjective (reasonable apprehension of death)
