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Self Defence (OCR A2) - bit confused

So I understand that in Rashford (2005), the Court of Appeal decided that it was possible, at least in principle, to plead self defence to a charge of murder.

Then in Clegg, a debate was sparked over whether excessive force causing death should reduce murder to manslaughter.

Does this mean that since Rashford, self defence has been a defence allowing acquittal for murder with 'reasonable force', but since Clegg, people have also wanted it to be defence for murder with 'excessive force', but not one that allows acquittal - just a reduction to manslaughter?

Reply 1

Sisko_197

Hehehehehe great thread!

Reply 2

raaachek

Original post by Sisko_197

Hehehehehe great thread!

Betch! Got my hopes up there! *Puffin schlappz* :colone:

Reply 3

Sisko_197

Sooooooo...how's your bowel movements?

Reply 4

vnupe

See the privy council case from Jamaica on the use of deadly force while claiming self defence, but then try to reconcile that case with Owino and what is said about the subjective/objective component of self defence.

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Self Defence (OCR A2) - bit confused

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