Self defence, street fight, killing someone accidently

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  1. SepticArt's Avatar
    • Junior Member
    • Posts: 53
    Self defence, street fight, killing someone accidently
    I was just wondering if you were attacked outside a nightclub by someone and you fought back and accidently killed the person. I don't mean stamping on his head while his on the floor because that's not self defence... but I mean just punching back.

    If you killed that person would you get charged with man slaughter?
  2. showash's Avatar
    • Junior Member
    • Posts: 31
    Re: Self defence, street fight, killing someone accidently
    Self-defence is an all or nothing defence.. If the threat was imminent and the force used in retaliation wasn't excessive but was equal (not in the strict sense, some latitude is available) to the nature of the attack then you might not be convicted for murder.
    Last edited by showash; 18-04-2012 at 22:15.
  3. TimmonaPortella's Avatar
    • TSR Idol
    Re: Self defence, street fight, killing someone accidently
    Note the word "accidentally". He wouldn't be convicted for murder anyway if a punch accidentally caused death. prima facie -- disregarding for the moment self defence -- the charge would be manslaughter by unlawful act.

    So long as the initial force was a reasonable response to the threat, allowing for instinctive reactions etc, no crime is committed.
    Last edited by TimmonaPortella; 19-04-2012 at 03:07.
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