R. v. B.O.J.

(Calgary, Q.B. - First Degree Murder). BOJ was charged with first degree murder in relation to a firearms incident. For the purpose of trial the defence was "self defence". In our criminal law, self defence is a defence of justification that could result in a not guilty verdict if the trier of fact accepts that manner of self defence was reasonable in all the circumstances. In self defence, there is no duty to retreat and no requirement to measure the nicety of one's blow. Depending on the circumstances, the use of a firearm may be reasonable in self defence, but of course, whenever a firearm is introduced into an altercation the justification for use in self defence presents with difficulties. In this case, the accused's claim of self defence not only had an "air of reality" but was both credible and reliable, having regard to the evidence collected. Pressed into a difficult situation, the Crown made a reasonable offer to resolve the first degree murder to manslaughter. Where first degree murder carries an automatic life sentence without any possibility of parole for 25 years, the sentencing range for manslaughter is 0 to life. In this case, BOJ wisely weighed the risks and agreed to the resolution proposed.  David Chow is a Calgary criminal lawyer who will pursue every avenue to successfully defending a case -- including pressing for a safe and favourable resolution where it is advisable to do so. Cases such a BOJ highlight the balance of risk even in cases where a credible defence exists. Of course, resolution is always up to the client. Though criminal defence lawyers must always be ready to run a trial, given the uncertainty of trial, sometimes the balance favours the safety of resolution. When the stake is life versus a short time in custody, the choice is often obvious.