preview

Section 34 Analysis

Decent Essays

As I read your case, I thought it would be best to use sections 34, 35, 36, and 37 of the Canadian criminal code to apply to your case, legal position, and aquittal. These sections will help you defend yourself in court and possibly lower your sentence if needed. I have gone over each section to determine how they apply to you. Section 34 of the criminal code states that everyone who is unlawfully assaulted without provoking the attack is justified in self defense if he did not intend to kill anyone or severly harm them. It is very clear that you never had the intention of killing anyone since you called the police, ran away, and hid. You did have a gun with you, but so did your attackers and you needed something to defend yourself in case you were threatened. Part two of section 34 explains that anyone who kills someone while defending themselves is justified if you had reason to believe you could die or it was the only way to protect yourself. When five armed men break into your home threatening to kill you, it …show more content…

The chances for you were high as the attack was unexpected and even when you called the police, they took a while to come. You had to take matters into your own hands and defend yourself. You did not believe death was the only option and killing one of the men was purely accidental. If you were not looking, which is natural when you are in a panic, then how could you know where you were shooting? Section 35c declares that if you tried to retreat from the conflict and escape, then you are justified. It is evident you did this when you went to hide near a window and called the police. Pertaining to sections 34 and 35, section 36 explains that provocations also include blows, words, or gestures of a threatening nature. Nothing of that nature took place during the

Get Access