Seminar 12 Sudden Fight

7/30/2019 Seminar 12 Sudden Fight

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Sudden Fight

Exception 4, s. 300


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Sudden Fight

Sudden fight in the heat of passion upon a sudden

quarrel

Limits on sudden fight partial defense:

No premeditation

No undue advantage taken

No acting in a cruel or unusual manner Note

Does not matter who offered provocation or first assault


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Sudden requirement

What is meant by sudden?

Unanticipatedcannot have gone looking for a fight

Tan Chun Seng Did A come armed beforehand with weapon or resorted to weapon

during fight

Mohamad Yasin Quarreled, wanted to get even, sharpened toothbrush, caught up with V

hadplanned to attack.not a case of a sudden fight

Tan Chee Wee A had gone to house to rob herThere may well have been a quarrel,

but it certainly could not have been sudden (para. 64)

Foresight standard?


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Fight

What is a fight

Participants vs intervener

Ongoing

Physical fightnot just argument or one-sided

attack


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Mutual fight

Tan Chee Wee V grabs knife from A but does not attack

Fight mutual provocation and blows from both sides

Must have at least offer of violence from both sides

Must hit back or at the very least prepares himself to strike back

Is this really sudden fight if all that is needed is an attempt tohit back?

Tan Chun Seng Merely pushed back

Wong Kim Poh Why did court reject findings cf YMC


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heat of passion

Tan Chee Wee

both parties are gripped by the inflammation of

passions caused by a sudden quarrel

A had gone to house to rob her - There may well

have been a quarrel, but it certainly could not have

been sudden (para. 64)


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Without premeditation

Implicit in suddenness requirement

Tan Joo Cheng Argued that Vs struggle was unexpected A only brought knife to

scare V not to harm V

Held: A had planned to rob V, armed himself, confronted V- strugglecannot be said to be sudden fight upon a sudden quarrel

Sudden quarrelmust root cause of fight must be alsounexpected

What if quarrel or root cause planned but fight notexpected?

CfSoosay factsno premeditation to engage in fight --- there wassudden quarrel that led to sudden fight


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Without taking undue advantage

Basic idea that fight was not even

Mohamed Kunjo Friendsdrinkingstart argueA ran off, got an

exhaust pileattached VV defended with bare

handsV falls down, A hits few more times

Held: V taken by surprise, attacked by a very

unusual and unexpected weapon


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Weapon: generally if come armed, seen as unfairadvantage

Chan Kin Choi A knew may be attacked by V and friendsarmed with

knife prior to meeting Vsurrounded by Vs friends, Vpunches Afight breaks out

Held: A armed for own protection greatly out-numbered

Was A at fault for going there though he knewpossibility of there being a fight?


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Both have weapon

Tan Chee Wee Both were armed

When both armedless emphasis on physical

strength and size

A had NOT taken undue advantage but had acted

in a cruel and unusual manner


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Multiple blows

Tan Chun Seng

A hit V many times with pole

But there was considerable disparity in sizebetween A and V

From whose perspective? The A? Objective?Subjective?


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Did not act in cruel/unusual manner

Is this the same as undue advantage?

Can be fairly matched but still cruel/unusual manner(e.g. used more force than necessary)

Tan Chee Wee Cannot articulate any hard and fast rule on what is

cruel/unusual manner --- need to look at individual factualmatrix

Multiple blowsprima facie cruel/unusual Cf. Soosay where V continued charging

Note that A not found to have taken unfair advantage

Seminar 12 Sudden Fight

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