As I read your case, I thought it would be best to use sections 34, 35, 36, and 37 of the Canadian criminal code to apply to your case, legal position, and aquittal. These sections will help you defend yourself in court and possibly lower your sentence if needed. I have gone over each section to determine how they apply to you. Section 34 of the criminal code states that everyone who is unlawfully assaulted without provoking the attack is justified in self defense if he did not intend to kill anyone or severly harm them. It is very clear that you never had the intention of killing anyone since you called the police, ran away, and hid. You did have a gun with you, but so did your attackers and you needed something to defend yourself in case you were threatened. Part two of section 34 explains that anyone who kills someone while defending themselves is justified if you had reason to believe you could die or it was the only way to protect yourself. When five armed men break into your home threatening to kill you, it …show more content…
The chances for you were high as the attack was unexpected and even when you called the police, they took a while to come. You had to take matters into your own hands and defend yourself. You did not believe death was the only option and killing one of the men was purely accidental. If you were not looking, which is natural when you are in a panic, then how could you know where you were shooting? Section 35c declares that if you tried to retreat from the conflict and escape, then you are justified. It is evident you did this when you went to hide near a window and called the police. Pertaining to sections 34 and 35, section 36 explains that provocations also include blows, words, or gestures of a threatening nature. Nothing of that nature took place during the
In regards to the AITSL standard 1.4, it is essential to include a curriculum and teaching practices, which respects Indigenous peoples perspectives in order to build positive learning relationships between educators and their students in the classroom. Educators can incorporate various approaches in many ways; however, they must ensure that the curriculum is applicable and respectful towards Aboriginal Torres Strait Islander knowledge, ensure they continuously develop and release engaging and culturally inclusive curriculum in learning environments. As for literacy and numeracy accomplishments, it is essential to advance in teaching practices of valuing and respecting the knowledge of including Aboriginal Torres Strait Islander language.
1) Describe the 3 estates of France. Who paid the taxes? Who held the wealth and power in France?
2. What should a therapist be aware of when taking note of a clients manner and content of talk?
Most people would think that having a assault weapon will help protect their family. It will but it will cause even more problems because the person that killed the person breaking into you home that person will get in trouble because if he did not do anything first then it would not be self defense so that person will go to jail for murder.
Studying by myself in a quiet room is most effective for me. There is less distraction, and it makes me be focused on my studying. If I want to study for a Biology class, I read the textbook. But if I want to study for math I do practice problems. I also don’t bring anything that I don’t need in my studying. This will reduce the distractions, and makes me finish my studying session faster. I try to think positive when I’m studying, it allows me to study efficiently.
We need guns for safety of our families at home or on the street and to protect our personal property we have worked hard for. From my own experience, my neighbor pulled a loaded gun on a intruder and didn't even need to shoot for the intruder to obey. Nobody was harmed and nobody was killed; the intruder just left. Moreover, there are dangerous animals at least in California that I know of roaming wild even on residential streets. For example my Dad’s friend had a Mountain lion attack his pigs and he had to grab his shotgun to protect his livestock and when he went outside the Mountain lion charged at him and he had to shoot the Dangerous Mountain lion. Events similar to this are very common for Americans living in country and rural areas, that need to protect themselves and their livestock. Self defense is most respected and better for the community then being a victim. It is up to you for the safety of yourself and your loved ones.
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my
On April 4, 2011, the Governor of California Edmund G. Brown signed AB 109. Signing this bills redefined felonies and also gives responsibilities to watching over certain criminals and parolees who live in the State or County Prisons. "Public Safety Realignment Act" also know as AB 109 is commonly grouped with bills AB 117 and AB 118 which prevents anyone who commits a Non-Violent Crime, Non-serious, Non-sex offender after the day of October 1 in the year 2011, would no longer be sent to state prison and will instead be placed in a County jail. Anyone who is going to be released from the state prison for committing any of the previous mentioned crimes, will now be placed under supervision of a local County Probation Department and with a state parole officer.
You cannot analyze data until you have brought the relevant data that will answer the question you are asking. A new feature of Excel 2016 is the built-in function which makes getting and transforming your data much faster and easier and allows you to find and gather all your data into one place. These new capabilities were only available previously as a separate add-in called Power Query. Now they can be found built into Excel 2016. They can be accessed from the Get & Transform group located on the Data tab.
This case involves the appellant, Shiwprashad, who after 14 prior criminal record charges, including assault and threatening death, committed robbery (p5). His last conviction prior to the robbery was entered October 20th, 2008, for the sexual interference and sexual exploitation of his 15-year-old step daughter. He pleaded guilty and received a 12-month conditional sentence for sexual interference on top of 100 days he had spent in pre-sentence custody. For the sexual exploitation aspect of the crime he received a 90-day intermittent sentence (p6). Being his sexual interference charge was so severe, on July 8th, 2009, he was reported to be “inadmissible to Canada on the basis of serious criminality pursuant to s. 36(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA)”
Eagen was within his right to respond to Steeple. Miller et. al states a more succinctly phrased test to determine if self-defense is applicable. Miller et. al questions, “Was the defendant privileged to use force to defend herself, and was the degree of force that she used reasonable?” A person may defend themselves against any threat of physical contact or confinement. The notion of whether the threat is negligent or intentional is irrelevant. In fact, the defendant does not even have to be harmed to use this defense. Based on the idea that ““self-preservation is the first law of nature” even in err, a defendant must genuinely believe there is a threat. For example, if a police officer shoots and kills a criminal known to be armed who reached in their pocket for keys, the officer still can claim self-defense because the notion the criminal was pulling out a gun, based on their background, is reasonable. Likewise, Eagan perceived not only imminent danger but a deadly danger that would likely have left Bonds dead if he had not responded. The fact that the danger was no real, has zero bearing on the legal situation.
Considering the facts known to us, a reasonable officer would not approach a suspect, accused of verbally harassing people on a sidewalk, from behind. It is likely that a reasonable officer would have approached the suspect from the front to confront him face on. However, if an officer were to approach a suspect from behind, a reasonable officer would have approached the suspect with proper backup to ensure that the area was safe and secure for arrest. In either case, all officers are required to do a threat assessmentof the scene to determine what amount of force would be reasonable. Any suspect, potentially, can be assaultive and use deadly force, however, approaching every suspect in a high-risk mode would be unreasonable.
I didn't do anything. DET. CARLSON Did you feel threatened by them? Was it self-defense? Is that what happened Mr.Seaborne, because if that's the case you may be able to plead down to involuntary manslaughter.
When burglarizing occurs in homes when the victim is home, the burglar most of the time gets away by the time the police are contacted and arrive at the scene. You could have taken the situation in your own hands and stopped the criminal, but you were too worried you would get in trouble. We shouldn’t have to live like that and law enforcement officers need to understand that if we wish to handle a situation like that on our own we should be able to.
I open the front door of my house to leave, and I notice my neighbor looking at me through his window. He is watching me. Keep in mind this is the same neighbor that shot the gun off just 25 minutes earlier. Seeing this makes me walk faster than usual. I get to the end of the block, and then once again I hear a BANG, then silence. By now I begin running, trying to get away from my neighbor’s house as fast as possible. Once I reach main street, I feel safe and start walking again.