SELF-DEFENCE IN CASE OF AGGRESSION.
35.
Every one who has without justification assaulted another
but did not commence the assault
with intent to cause death or grievous bodily harm,
or has without justification provoked an assault on himself by another,
may justify the use of force subsequent to the assault if
- (a)
he uses the force
- (i)
under reasonable apprehension of death or grievous bodily harm
from the violence of the person whom he has assaulted or provoked, and
- (ii)
in the belief, on reasonable grounds, that it is necessary
in order to preserve himself from death or grievous bodily harm;
- (b)
he did not, at any time before the necessity of preserving himself
from death or grievous bodily harm arose,
endeavour to cause death or grievous bodily harm; and
- (c)
he declined further conflict and quitted or retreated from it
as far as it was feasible to do so before the necessity of
preserving himself from death or grievous bodily harm arose.
[R.S. c.C-34, s.35.]
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