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Article
Self-Defence: Courts of Appeal Deciding New Provisions Guided by Old Principles
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  • Steve Coughlan, Dalhousie University - Schulich School of Law
Document Type
Article
Publication Date
1-1-2016
Keywords
  • Offences,
  • Murder,
  • Second Degree Murder,
  • Means to Cause Bodily Harm Likely to Cause Death and Is Reckless When Death Ensues,
  • Trial Procedure,
  • Charging Jury or Self-Instruction,
  • Review of Evidence,
  • Defences,
  • Self Defence
Abstract

To date, the issue regarding the new self-defence provisions which has so far reached courts of appeal is whether the new provisions apply to offences which occurred prior to their enactment: the general consensus has been that they are not retrospective, and therefore the new s. 34 itself has received relatively little analysis.

Citation Information
Stephen Coughlan, "Self-Defence: Courts of Appeal Deciding New Provisions Guided by Old Principles" (2016) 29 C.R. (7th) 103.