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Evaluate murder (Self-defence (With murder, use of excessive force in self…
Evaluate murder
Self-defence
With murder, use of excessive force in self-defence, where some force justified, does not provide a defence.
This 'all or nothing' approach leads to injustice in some cases. D is either acquitted or convicted and given a life sentence.
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Partial defence
Some attempt to deal with this problem done by CORONERS AND JUSTICE ACT 2009. Allows partial defence to murder provided D kills having lost control due to fear of serious violence.
D guilty of voluntary manslaughter with discretionary life sentence. Only available if person same age and sex would have reacted in same way given the circumstances.
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