What is the test for reasonable fear of death or serious injury in a criminal case?
Manitoba, Canada
The following excerpt is from R. v. Cassan, 2010 MBQB 241 (CanLII):
The accused’s fear of death or serious injury must also be reasonable in the circumstances as the accused knew or honestly believed it to be. Would a reasonable person in those circumstances fear death or serious harm from the accused? A reasonable person is sane and sober, not exceptionally excitable, aggressive or fearful, a person who has the same powers of self control that we expect our fellow citizens to exercise in society today. See Reilly v. The Queen, 1984 CanLII 83 (SCC), [1984] 2 S.C.R. 396.
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