Defences
SCC decision: March 23, 2007
Submitted by Andrew Pilliar on Wed, 2007-03-28 06:38Ambroise Joseph McKay v. Her Majesty the Queen, (23 March 2007)
Click here to link to the full judgment.
(Criminal / defences / defence of property)
In defending his property, the accused stabbed the complainant. The Court held that defence of property alone did not justify the aggravated assault in this case, but left the possibility open that defence of property might justify more than "minor force" or use of a weapon under different circumstances. A new trial was ordered.
Click here to link to the full judgment.
(Criminal / defences / defence of property)
In defending his property, the accused stabbed the complainant. The Court held that defence of property alone did not justify the aggravated assault in this case, but left the possibility open that defence of property might justify more than "minor force" or use of a weapon under different circumstances. A new trial was ordered.
Majority/Dissenting: 9/0 (Oral judgment)
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