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Unpacking a Legal Self-Defence Scenario in Brampton

February 13, 2024   |   Manbir Sodhi   |  
Legal Self-Defence in Brampton
Legal Self-Defence in Brampton

Unpacking a Legal Self-Defence Scenario in Brampton

A notably complex part of Canadian law includes the legal justification of acting in self-defence. When can you make a self-defence claim in a Canadian criminal court, and what rights do you have regarding the use of force? Learn the basics of a self-defence scenario in Brampton and what you can do if faced with criminal assault charges. 

Understanding Self-Defence Claims

According to the Criminal Code of Canada, the court may find a person charged with an offence such as assault not guilty if they can prove their act was in self-defence. The legal system lists the following as criteria for justifying self-defence:

  • The committed act is reasonable for the circumstances. 
  • The offender has reasonable grounds for believing that someone is using force against them or making a threat of force against them. 
  • The committed act was done with the purpose of the charged offender protecting themselves from the use or threat of force. 

How Canadian Courts Address Self-Defence Cases

Having the court agree that you’ve met all the above criteria can be difficult. Legal professionals must closely examine the nature of the act and the reason why someone would commit that crime in self-defence. Aspects of the case that need careful examination include:

  • The physical capabilities of both parties
  • The interactions and history between both parties
  • The proportionality of response to an imminent threat or use of force
  • The use of any weapon from either party

Let’s look at one example of a self-defence scenario in Brampton. Say someone breaks into your home carrying a knife. When you confront the robber, they threaten the use of force with their knife, which leads you to attack them with a baseball bat. 

This example provides a strong case for self-defence and the defence of property. The court will need a defendant to explain their reasonable grounds for committing an act against someone who unlawfully enters or damages their property. 

Reasons for Acting in Self-Defence 

Go back to the example of attacking a home invader out of self-defence. Many criminal defence cases of this nature involve threatening or forceful behaviour that coincides with a crime, such as robbery, breaking and entering, abduction, or sexual assault. However, the person threatening you isn’t always about to commit a crime themselves.

You could perceive danger if you spot someone that appears to have a weapon. If they don’t act forcefully or threaten you, will the court find you guilty of your offence, or will it find a legal justification for self-defence? 

Each case involves different circumstances and requires thoroughly examining all the evidence and nature surrounding the charges. A knowledgeable criminal lawyer will present the facts and create a strong case for you. 

Consult With an Experienced Criminal Defence Lawyer

If you become embroiled in a self-defence scenario in Brampton, you’ll need a trustworthy criminal lawyer to argue your case. Turn to Manbir Singh Sodhi in Brampton, a seasoned lawyer focusing on criminal defence cases. Call 905-457-2546 to schedule a legal consultation and explore your options.

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