R. v. Paice, [2005] 1 S.C.R. 339, 2005 SCC 22, 2005 SCC 22 (2005)

SUPREME COURT OF CANADA

Citation: R. v. Paice, [2005] 1 S.C.R. 339, 2005 SCC 22

Date: 20050422

Docket: 30045

Between:

Christiano Daniel Justin Paice

Appellant v.

Her Majesty the Queen

Respondent

- and -

Attorney General of Ontario

Intervener

Coram: Major, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

Reasons for judgment:

(paras. 1 to 23)

Charron J. (Major, Binnie, LeBel, Deschamps and Abella JJ. concurring)

Concurring reasons:

(paras. 24 to 43)

Fish J.

______________________________

R. v. Paice, [2005] 1 S.C.R. 339, 2005 SCC 22

Christiano Daniel Justin Paice Appellant v.

Her Majesty The Queen Respondent and

Attorney General of Ontario Intervener

Indexed as: R. v. Paice

Neutral citation: 2005 SCC 22.

File No.: 30045.

2004: December 15; 2005: April 22.

Present: Major, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

on appeal from the court of appeal for saskatchewan

Criminal law - Defences - Self-defence - Assault - Consent - Interpretation of Jobidon - Deceased killed by accused in fist fight - Whether fight consensual - Whether self-defence available to accused - Criminal Code, R.S.C. 1985, c. C-46, s. 34.

Following a scuffle inside a bar, the accused was challenged by the deceased to go outside and fight. Once there, they exchanged threats, and the deceased pushed the accused once or twice. The accused struck the deceased on the jaw. The deceased fell backward, his head bouncing off the pavement. The accused then struck him two more times on the head. The deceased died as a result of his injuries and the accused was charged with manslaughter. The trial judge acquitted him on the ground that, following the deceased's pushing which constituted an unlawful assault, the accused had acted in self-defence within the sco...

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