After Halifax homicide results in no charges, what constitutes self-defence? – Halifax | 24CA News

After a current murder in Halifax resulted in no costs being laid, two legal professionals say there’s quite a bit to think about when how self-defence legal guidelines work.

Just earlier than 7 p.m. on Dec. 30, police discovered a 26-year-old man affected by stab wounds within the 3100 block of Robie Street.

Anthony Robert Herritt died on the scene, and his loss of life has been dominated a murder by police.

Halifax Regional Police alleged earlier this week that two males had been invading a house once they had been confronted by an occupant of the residence, who fatally stabbed certainly one of them.

One man was charged with breaking and coming into, possession of a weapon harmful to public area, sporting a disguise and breach of probation. No costs had been laid in relation to the loss of life.

During a media availability, spokesperson Const. John MacLeod stated it was not a random incident.

“Is it considered self-defence? … That term is a difficult thing to consider,” he stated.

“What our investigators need to do is look at the evidence before them, gather up all the information they have and determine whether or not charges would be appropriate. And in this case, at this time, our investigators are not considering any charges.”

Police stated one individual concerned within the residence invasion had beforehand been to the house, however didn’t elaborate on the connection to the home-owner.

Sections 34 and 35 of the Criminal Code of Canada set up that an individual will not be criminally culpable whereas defending themselves or their property.

It notes the act dedicated must be “reasonable in the circumstances.”

The Criminal Code was amended in 2016, which helped simplify definitions, stated Dalhousie University Schulich School of Law professor Archie Kaiser.

“You can use force all the way up to lethal force,” he stated. “That, again, depends on the presence and level of intensity of the factors that parliament has set out.”

Those components embrace, however aren’t restricted to:

• The nature of the pressure or risk, and its imminence;
• Whether different means may have responded to the risk;
• The position of the individual utilizing self-defence within the incident;
• The involvement of weapons;
• The dimension, age, gender and bodily capabilities of the assailant;
• Prior relationships between these concerned.

But Kaiser stated if extreme or unreasonable pressure is used, you then turn into criminally culpable for hurt prompted.

“You would go from someone who would be involved in non-culpable homicide to culpable homicide, which could be murder or manslaughter,” he defined.

The act should even be in direct response to the approaching risk – not for revenge or punishment.

“Your response is supposed to be measured,” stated Ontario defence lawyer Edward Burlew, who practices throughout the nation.

“If I’m the person being assailed, I’m the victim and I’m going to defend myself,” he stated.

“And my actions may play a part in assessing whether or not my actions were reasonable.”

In the case of what occurred on Robie Street, Burlew stated there have been quite a lot of “missing facts” that haven’t but been launched to the general public.

However, he stated it’s seemingly that, as a result of severity of the case, Crown attorneys had been in all probability concerned and would have paid “particular attention” to the circumstances.

Kaiser stated police aren’t required to offer a exact authorized clarification as to why costs are pursued or not, however famous they, together with Crown attorneys, would have a look at whether or not there’s a probability of conviction or if there’s a public curiosity in prosecuting the case.

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