Self-Defense Considering Victim’s Physical Condition

In determining whether self-defense was reasonable under the circumstances, the physical condition of defendant is certainly relevant toward a jury’s finding of whether the use of force was objectively reasonable under the conditions. That physical condition, however, is only relevant if self-defense is used to protect or defend oneself against another person whose relative physical condition, including age and health, is also considered. The following case summary explains how defendant’s physical condition was relevant, but made arguably irrelevant by a prosecutor’s incorrect statement of the law, which the court of appeal discounted as insignificant, we think in error. To read more about this case, please click on the following link –

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