Self Defence
A person is justified in using force to defend himself against an unlawful assault provided he did not provoke the assault and the force he uses is not meant to cause death or grievous bodily harm. The defence may be available even if the assailant is killed. Provocation consists of conduct intended to provoke an assault. The force used must be no more than necessary to enable him to defend himself.
Self Defense and the Canadian Criminal Code:
Below is how self defense is defined by the Canadian Criminal Code:
Defense of Person
Self-Defence Against Unprovoked Assault
... / Extent of justification.
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
A person is justified in using force to defend himself against an unlawful assault provided he did not provoke the assault and the force he uses is not meant to cause death or grievous bodily harm. The defence may be available even if the assailant is killed. Provocation consists of conduct intended to provoke an assault. The force used must be no more than necessary to enable him to defend himself.
Self Defense and the Canadian Criminal Code:
Below is how self defense is defined by the Canadian Criminal Code:
Defense of Person
Self-Defence Against Unprovoked Assault
... / Extent of justification.
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
根据以上Self Defence 的定义,在这个事件中, 老头打人是“自卫” (Self Defense) 的理由不成立,如果说女婿抓衣领是进攻, 这是老头provoked 引起的。
当母女架住女婿时, 老头的生命没有受到威胁, Self Defense 不成立, 老头把女婿打伤足以成立 Aggravated Assault罪, 母女是帮凶, guilty of assisting assault.