What is the test for possessing a weapon for a defensive purpose?
Ontario, Canada
The following excerpt is from R. v. Sadafal, 2007 ONCJ 590 (CanLII):
[30] Where the accused is found to have possessed a weapon for a defensive purpose, the issue is “whether or not the attack which the accused purported to thwart was avoidable”. In this regard, indicia, including location, atmosphere, nature of the threat, imminence of the danger and actual use, are relevant: Kerr v. The Queen, at p. 18.
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