TY - JOUR
T1 - R v Khill and the Structure of Self-Defence: Declining to See What Isn't There
AU - Coughlan, Steve
N1 - Stephen Coughlan, "R v Khill and the Structure of Self-Defence: Declining to See What Isn't There" (2021) 74 CR (7th) 328.
PY - 2021/1/1
Y1 - 2021/1/1
N2 - The disagreement in R v Khill between Justices Martin and Moldaver over how to approach section 34 is entirely understandable. The genesis of their debate is that they are aiming at different things. Justice Martin is trying to put into effect the scheme that Parliament intended: Justice Moldaver is trying to create a law around defence of the person which is well-structured and allows for appellate review. In an ideal world those would be the same thing, but when it comes to the defence in section 34, we are not in an ideal world.
AB - The disagreement in R v Khill between Justices Martin and Moldaver over how to approach section 34 is entirely understandable. The genesis of their debate is that they are aiming at different things. Justice Martin is trying to put into effect the scheme that Parliament intended: Justice Moldaver is trying to create a law around defence of the person which is well-structured and allows for appellate review. In an ideal world those would be the same thing, but when it comes to the defence in section 34, we are not in an ideal world.
KW - Defences
KW - Self-Defence
KW - Defence of Another
KW - Act Committed Reasonable in Circumstances
KW - Section 34
UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/1023
UR - https://dal.novanet.ca/permalink/01NOVA_DAL/1nek75v/alma990014190870107190
M3 - Article
JO - Articles, Book Chapters, & Popular Press
JF - Articles, Book Chapters, & Popular Press
ER -