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R v Pawliuk (2001), 151 CCC (3d) 155 169 (BCCA)


P said he thought X was going to shot him so he took gun out and it accidently went off


Should judge have left 34(1) to jury when an argument is that P did intend to shot the victim?


If a person kills someone or seriously harms them in self-defence, can use either 34(1) or 34(2), and they are not distinguished on whether the person intended to kill or cause serious harm to the person or not
**What differentiates the sections is whether the accused reasonably apprehended that the attack or harm was likely to cause his or her own death or grievous bodily harm


A person can have the defence of self-defence even if they are the original aggressor (R v McIntosh)

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