Can Self-Defence Claims Hold up in Surrey Assault Cases

Self-defence is a common defence strategy in criminal cases, not just for assault in Surrey, but for assault anywhere in Canada as well as for other violent crimes. In today’s blog article we are going to talk about self-defence as a defence strategy.

In Canada, the Citizen’s Arrest and Self-Defence Act of 2012, updated, outlined and clarified the use of self-defence as a strategy in criminal cases: how it can be used and what makes it effective, or not. 

The Reasonable Person 

It is always useful to remember that Canadian law is in a large part based on and derived from English law. One of the basic tenets of English law and Canadian law is what would a reasonable man do? So, then the question becomes, what does it mean to be reasonable? Under Canadian law, so what would apply, for example, to an assault case in Surrey, is when someone was acting in self-defence, did that person act prudently? Did that person consider any danger to others? Did that person really feel that he or she had no choice? And, also, did that person act in proportion to the threat or perceived threat, because the state of mind of the person claiming self-defence is important.

These points mentioned above are what a jury would consider and definitely what a judge would consider while weighing whether self-defence was a reasonable choice when committing whatever crime that accused is charged with. 

Evidence 

So, if a defence lawyer chooses to use self-defence and the defence strategy, that means the lawyer will or should, as much as possible, present evidence to support the above notions. Evidence that is brought into the proceedings might include witnesses who saw or heard some kind of abominable threat being uttered. Evidence might include a weapon that was seen being waved in front of the accused.

The possibilities for what evidence the defence lawyer would present are endless and beyond the scope of today’s short blog article. However, the point we are making is that self-defence is a perfectly reasonable defence strategy for assault—such as in Surrey—or other violent crimes if the circumstances and evidence support it. This is something only your defence lawyer can determine.  

If you have been charged with assault or other violent crimes, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.