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Exception 4, s. 300
Sudden Fight
Sudden fight in the heat of passion upon a sudden quarrel Limits on sudden fight partial defense:
Note
Sudden requirement
What is meant by sudden? Unanticipated cannot 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 had planned to attack.not a case of a sudden fight
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) Foresight standard?
Fight
What is a fight
Participants vs intervener Ongoing Physical fight not just argument or one-sided attack
Mutual fight
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 to hit back?
Tan Chun Seng
heat of passion
Without premeditation
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- struggle cannot be said to be sudden fight upon a sudden quarrel
Sudden quarrel must root cause of fight must be also unexpected What if quarrel or root cause planned but fight not expected?
Cf Soosay facts no premeditation to engage in fight --- there was sudden quarrel that led to sudden fight
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Weapon: generally if come armed, seen as unfair advantage Chan Kin Choi
A knew may be attacked by V and friends armed with knife prior to meeting V surrounded by Vs friends, V punches A fight breaks out Held: A armed for own protection greatly outnumbered
Was A at fault for going there though he knew possibility of there being a fight?
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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 factual matrix Multiple blows prima facie cruel/unusual Cf. Soosay where V continued charging Note that A not found to have taken unfair advantage
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