What is the test for a defendant to use force against the complainant in a motor vehicle collision?

British Columbia, Canada


The following excerpt is from Barber v. R., 1998 CanLII 1121 (BC SC):

In instructing himself on the law, the trial judge referred to section 27 of the Criminal Code and noted, the defendant was clearly entitled to use force and the only issue was: was the force used in this case, reasonably necessary to prevent the commission, continuation or repetition of the offence? In determining this issue, one must take into account that impaired driving is not a trifling matter. As the officer points out, the complainant was driving "a pretty bid missile" in a reckless and dangerous manner. Things occurred quickly and, in the heat of the moment, and it was necessary for the defendant to make split-second decisions as to what the appropriate course of action was to take. And the situation, of course, was in flux throughout. As Counsel correctly pointed out, the observations made in Regina v. Antly, in cases of this nature, are applicable. That one cannot always gauge with nicety the requisite level of force to be used.

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