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Law, 24.07.2021 08:00 tgreenberg2002

When the police were called to investigate a reported disturbance in an apartment building, they came across the accused, Mr. Brendan William Lima, and a companion in the building. Mr. Lima was carrying a 12-pack of beer and an open bottle of vodka in his left hand, but it appeared to the police that he was concealing his right side and his hand. As the police approached the two men, the police heard a noise that sounded like something being dropped and they noticed a large knife on the floor next to the Mr. Lima's right foot. When asked by police why he was carrying the knife, Mr. Lima responded that he was carrying it to protect himself from a gang that was after him. The police charged Mr. Lima with carrying a weapon for a purpose dangerous to the public peace, contrary to Section 88 of the Criminal Code of Canada. Mr. Lima pleaded not guilty and, although he cooperated with police during his arrest, he suspended his cooperation during the police investigation that followed and during his pretrial release. Mr. Lima is 28 years old, recently married, and a father to 3-year-old twins. He is currently unemployed, but has held employment on and off during the past 10 years. Mr. Lima's wife is a retail manager and has worked at the same clothing store for over 6 years. When he is not working, she relies on Mr. Lima to care for their children so that she can go to work. Neither have any family members that live close by and they cannot afford daycare for their children. Mr. Lima has an extensive criminal record, which includes convictions for assault (level 1) and robbery. In addition, he has several concealed weapons charges dating back to when he was a teenager.

The maximum penalty for carrying a weapon for a purpose dangerous to the public peace is 10 years imprisonment.

If you were the defence attorney for this case, which defence would you use? Why did you select this defence? Justify (provide reasons for) your decision.

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