Self Defence (OCR A2) - bit confused

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  1. raaachek's Avatar
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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?
  2. Sisko_197's Avatar
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    Re: Self Defence (OCR A2) - bit confused
    Hehehehehe great thread!
  3. raaachek's Avatar
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    Re: Self Defence (OCR A2) - bit confused
    (Original post by Sisko_197)
    Hehehehehe great thread!
    Betch! Got my hopes up there! *Puffin schlappz*
  4. Sisko_197's Avatar
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    Re: Self Defence (OCR A2) - bit confused
    Sooooooo...how's your bowel movements?
  5. vnupe's Avatar
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    Re: Self Defence (OCR A2) - bit confused
    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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