Sudden Fight

Exception 4, s. 300

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

Does not matter who offered provocation or first assault
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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

Tan Chee Wee

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

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 to hit back?
Tan Chun Seng

Merely pushed back Why did court reject findings cf YMC

Wong Kim Poh

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)

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- 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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Without taking undue advantage

Basic idea that fight was not even Mohamed Kunjo

Friends drinking start argue A ran off, got an exhaust pile attached V V defended with bare hands V falls down, A hits few more times Held: V taken by surprise, attacked by a very unusual and unexpected weapon

Without taking undue advantage

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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Without taking undue advantage

Both have weapon Tan Chee Wee

Both were armed When both armed less 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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Without taking undue advantage

Multiple blows Tan Chun Seng

A hit V many times with pole But there was considerable disparity in size between 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 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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