Defence of Defence of a Third Person Case Facts Issue Ruling Ratio Successful defence of defence of a person. Babiuk Organized rugby Court does not use the Can the defense v. Tran game. Man sees Doesn’t have to be limited to criminal law rule of of third party self (2005, another man stepping family members. ask whether the def – defence be SKCA) on his friend. He Application of force: made sufficient inquiries successfully punched the man to Reasonable about necessity (honest belief raised? CP his friend. of self defence is not enough) Necessity: None ‘save’ Size: Equal One blow
Defence of Defence of a Third Person Case Facts Issue Ruling Ratio Babiuk v. Tran (2005, SKCA) CP Organized rugby game. Man sees another man stepping on his friend. He punched the man to ‘save’ his friend. Can the defense of third party self defence be successfully raised? Successful defence of defence of a person. Doesn’t have to be limited to family members. Court does not use the criminal law rule of – ask whether the def made sufficient inquiries about necessity (honest belief of self defence is not enough) Application of force: Reasonable Necessity: None Size: Equal One blow
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