What is the defence of reflex action in the context of reflex defence?
Ontario, Canada
The following excerpt is from R. v. Wiltshire, 2004 CanLII 35943 (ON SC):
The appellant raises several questions in his submissions: 1. Did the accused’s evidence support his defence of reflex action? 2. Were the trial judge’s reasons adequate? 3. Did the trial judge misapprehend the significance of the evidence with respect to the reflex defence? 4. Did the trial judge improperly apply the test in R v. W (D)? 5. Was the trial judge’s sentence excessive?
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