Section 34 Pdf

After reading your case, I have reviewed sections 34, 35, 36, and 37 of the Canadian criminal code to relate it to your legal position and acquittal. You will be able to use the self-defense offence defense to defend yourself in court. Section 34 establishes the rules for the self -defense offence. There are a few requirements that must be met before you can rely on this defense in court or else your plea will not be successful.
Primarily, section 34 states that one must have been assaulted without having provoked the assault. This first condition applies to you since you did not initiate the attack. The robber entered your bakery with a knife which will provoke threat towards the safety of your well-being and bakery products. The second requirement declares that the force used to repel the assault must not have been intended to cause death or serious harm and must not have been more than was necessary to defend oneself. The force you used was clearly not intended to kill him since you only shot him in the leg.
Section 35a asserts
that if you believe, on reasonable grounds, that it is absolutely necessary to save yourself from harm or death you can use the charge and justify your actions. The perpetrator entered your bakery with a gun making it reasonable for you to believe that you could be killed. Section 35b affirms that if you did not, at any time before the act of defending yourself, aim to cause death or severe bodily harm that the act of self defense is justified. You did not at any point start irritating or provoking the intruder with violence, you simply defended yourself after being threatened.
Section 37 defends you the most since it advocates that everyone has the right in using self defense to protect themselves as long as you do not use more than the necessary amount of force.
While you did shoot him in the leg, there was nothing else for you to defend yourself with and you did not shoot him in an area of the body that could kill him. It was also only one shot which is reasonable. Since section 37 part 2 asserts that excessive hurt is not justified, you stayed within your limits and rights. Therefore, you can use the self defence offense to defend yourself in court.
Due to the reasons stated above, it is likely you will be let go in court if you defend yourself using section 34, 35, 36 and 37 of the criminal code. You did not use unreasonable force by only shooting him in the leg, you did not intend to kill him, and you stayed within your rights. All of these factors ensure that you have a feasible chance of being let
go.