[ case ]HELD: Self-defence is a complete defence against all crimes. However, if it fails in any way, the defence will fail in its entirety, e.g. if a defendant uses slightly excessive force, there is no partial defence of self-defence. However, where the charge that the defendant is facing is murder, and a defence of self defence fails, it is possible that a jury will convict the defendant of the lesser offence of voluntary manslaughter on the basis of a loss of control: see R v Dawes, Hatter & Bower [2013] EWCA Crim 322
Answer
R v Clegg [1995] 1 AC 482 (HL)
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#crime #defences #law
Question
[ case ]HELD: Self-defence is a complete defence against all crimes. However, if it fails in any way, the defence will fail in its entirety, e.g. if a defendant uses slightly excessive force, there is no partial defence of self-defence. However, where the charge that the defendant is facing is murder, and a defence of self defence fails, it is possible that a jury will convict the defendant of the lesser offence of voluntary manslaughter on the basis of a loss of control: see R v Dawes, Hatter & Bower [2013] EWCA Crim 322
Answer
?
Tags
#crime #defences #law
Question
[ case ]HELD: Self-defence is a complete defence against all crimes. However, if it fails in any way, the defence will fail in its entirety, e.g. if a defendant uses slightly excessive force, there is no partial defence of self-defence. However, where the charge that the defendant is facing is murder, and a defence of self defence fails, it is possible that a jury will convict the defendant of the lesser offence of voluntary manslaughter on the basis of a loss of control: see R v Dawes, Hatter & Bower [2013] EWCA Crim 322
Answer
R v Clegg [1995] 1 AC 482 (HL)
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