What is the test for an assault charge under s. 34(2)(b) of the Criminal Code of Canada?
Ontario, Canada
The following excerpt is from R. v. Watson (judgment), 2010 ONSC 6153 (CanLII):
This criteria contains both a subjective and an objective consideration: In addition, s. 34(2)(b) imports a subjective element, the belief of the accused that he cannot otherwise preserve himself from death or grievous bodily harm. However, this belief must meet an objective standard that is based 'on reasonable and probable grounds'… (Regina v. Bogue, supra, at para. 16)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the test for assessing the delay for s. 11(b) of the Criminal Code of Canada? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
What are some cases where the accused was convicted of criminal harassment, assault and assault? (Ontario, Canada)
In what circumstances will the Court of Appeal in Canada accept a request from a party to travel to Canada from a court in Canada to request to travel abroad? (Ontario, Canada)
What is the test for an individual to challenge the effect of section 7 of the Criminal Code of Canada s.7(1) of the Charter of Canada? (Ontario, Canada)
What is the test for security of the person under s. 11(b) of the Criminal Code of Canada? (Ontario, Canada)
What is the test for the length of delay under s. 11(b) of the Criminal Code of Canada? (Ontario, Canada)
What is the current state of the law on the test for reasonable and probable grounds for charging with sexual assault? (Ontario, Canada)
What role does the press play in the investigation and prosecution of criminal charges? (Ontario, Canada)
