Insights on Exploring Self-Defence Claims

Using self-defence as a defence in a criminal case has some specific advantages, disadvantages, and challenges compared to other types of defences. The success or failure of a self-defence strategy depends on the evidence, the circumstances, and the legal interpretation of a judge or jury. In today’s blog article, we want to briefly explore the idea of self-defence.

Pros

When a self-defence strategy is used—and provided that it makes sense and sounds reasonable—there is a subtle shift in court for the prosecution from proving guilt to disproving self-defence. If the concept of self-defence holds together and is believable, then mistakes of fact might be excused, if the accused’s belief in danger was reasonable.

In addition, there is some flexibility in Canadian courts regarding what is a reasonable use of self-defence. The answer here is far from black and white.

Cons

Nevertheless, there are some downsides to this defence strategy. There is a thin line between self-defence and assault. Courts in Canada are not as accepting of self-defence as our gun-toting neighbours to the south, where self-defence is readily accepted in many situations where it would not be in Canada.

There must be clear evidence of the threat of danger or a reasonably perceived threat of danger. The word of the accused is not enough. It is necessary to separate angry actions from using reasonable force for an accused.

The court will be skeptical of a self-defence strategy when someone is killed or gravely injured, so good evidence to support the defence, and excellent preparation for trial will be an absolute necessity. 

If you have been charged with assault, 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.