Crime CXXIII – Self Defense XIII
The
defense of self-defense will not avail itself to the defendant if the defendant
is the aggressor or has provoked the response or the attack. In R v Keene
(2010) the defendant was out drinking.
At
his last stop, he met the victim who offered to give him a lift. On their way
home the victim pulled over to get some petrol and the defendant got into an
argument with another passenger in the car, who was smoking, telling her not to
smoke.
The
argument got heated and the victim intervened. The defendant thought that the
victim was about to attack and preemptively struck the victim, hitting him with
a closed fist.
The
victim fell to the ground and his head hit the pavement resulting in serious
head injuries. The defendant was charged and he contended that his actions were
in self-defense.
The
trial judge directed the jury to the effect that the defense of self-defense
will not avail itself to the defendant if the defendant was the aggressor or he
provoked the attack and the jury accordingly convicted the defendant for
inflicting grievous bodily harm. The defendant appealed.
The
appeal was dismissed and it was held that when the defendant is the aggressor
or perpetrator, or has provoked the attack, the defense of self-defense will
not avail itself to the defendant unless the victim reacted in a manner that
was so out of the ordinary or so out of proportion that it put the defendant in
immediate fear of his or her life.
Copyright
© 2019 by Dyarne Ward
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