If you murder someone in self defence will you be imprisoned? Watch

perplexed turtle
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#1
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Say a person came up to you with a knife, and the only way to survive is to grab their knife and kill them, will you still carry a sentence.
Don't worry, i haven't done anything, just a question that has lingered with me for a while
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StriderHort
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Probably, mibbie, depends. I suspect a lot of complexity would be establishing the relationship and level of fear prior to the incident and what happened afterwards.
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MiaNova
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There are a lot of factors here (i.e: age).
Every situation is different.
I don't think in this situation your average person would automatically think to grab the knife and stab the attacker (fight / flight).

I.e: most opt for flight rather than fight.
Again context is important.
Last edited by MiaNova; 4 weeks ago
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r3320
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i think this needs more context? i’m no lawyer but from watching how to get away with murder they look at every little detail lol
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Andrew97
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(Original post by MiaNova)
There are a lot of factors here (i.e: age).
Every situation is different.
I don't think in this situation any sane person would automatically think to grab the knife and stab the attacker (fight / flight).
I’m not sure that is the fairest of statements “any sane person” to be honest.

When your life is at risk, people will make rash and irrational decisions to protect themselves. Some will run, some will fight back.
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MiaNova
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(Original post by Andrew97)
I’m not sure that is the fairest of statements “any sane person” to be honest.

When your life is at risk, people will make rash and irrational decisions to protect themselves. Some will run, some will fight back.
Sorry, I meant your "average" person wouldn't fight back, most when put into this situation opt for "flight", rather than "fight".

Sorry for the confusion
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MidgetFever
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I mean, there is the Tony Martin case.
He was previously convicted of murder for shooting and killing people that trespassed on his property and burgled it (so by technicality, by self-defence)
It wasn't until evidence of diminished responsibility was raised that his murder conviction was substituted for manslaughter.
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ThuggerThugger
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Yes I was in prison and met a guy doing time for killing someone in self defence. Tbh he was only doing 6 months so not too bad really but it was manslaughter he was charged with.
Last edited by ThuggerThugger; 4 weeks ago
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StriderHort
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(Original post by MidgetFever)
I mean, there is the Tony Martin case.
He was previously convicted of murder for shooting and killing people that trespassed on his property and burgled it (so by technicality, by self-defence)
It wasn't until evidence of diminished responsibility was raised that his murder conviction was substituted for manslaughter.
IMO Tony Martins biggest crime was missing the 2nd one, his life would have been so much easier if that one didn't get to a lawyer. :rolleyes:
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MidgetFever
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(Original post by StriderHort)
IMO Tony Martins biggest crime was missing the 2nd one, his life would have been so much easier if that one didn't get to a lawyer. :rolleyes:
I was never sure on what to side with if I'm honest. The guys shouldn't have been anywhere near his farm, let alone to burgle but shooting at someone that was apparently trying to retreat doesn't seem all that right either tbh.
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princetonalec
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What did you do?
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MoonlightRain
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I hope not cause I’m going away for life then.
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IndianAdvocate
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“Mens rea” the intention of the person who commits crime is important. Criminal intention decides if its a crime being committed. Self defence is a term coined for the intention you have mentioned here hence i think ur not guilty.
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StriderHort
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(Original post by MidgetFever)
I was never sure on what to side with if I'm honest. The guys shouldn't have been anywhere near his farm, let alone to burgle but shooting at someone that was apparently trying to retreat doesn't seem all that right either tbh.
Different rules kinda apply for rural properties where police can't easily be called (IMO anyway) Plenty of these properties get hit multiple times exactly because of this, if I recall right Martins farm had been hit several times as well. Past a point someone 'retreating' is meaningless when you know they're likely to come back better prepared.

Not about to say they deserved to die, or he was totally right, but I do think anyone robbing farms because they're out of the way and vulnerable should be prepared for any defence they get.
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Joinedup
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If you've taken the knife off the attacker they're not going to be able to use it to murder you... I suppose if they continued to attack you regardless you'd be able to use the knife to defend yourself. It's a bit implausible though... people who don't have knives won't usually attack people they know do have knives afaik.
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the bear
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#16
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if you have used reasonable force to defend yourself then you will not be punished.

https://metro.co.uk/2019/05/02/burgl...illed-9392697/
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Mustafa0605
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I don’t think you would be imprisoned unless you do something which was excessive
Last edited by Mustafa0605; 4 weeks ago
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willwoods90
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Don't get caught afterwards...
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Occitanie
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#19
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(Original post by perplexed turtle)
Say a person came up to you with a knife, and the only way to survive is to grab their knife and kill them, will you still carry a sentence.
Don't worry, i haven't done anything, just a question that has lingered with me for a while
You can’t “murder someone in self-defence”, that’s an oxymoron.

The important factor in murder is premeditation.

You can’t really premeditate self-defence, because you don’t know when you’ll ever have to use it.

However, you could be charged for manslaughter at the very most, though.
Last edited by Occitanie; 4 weeks ago
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Bio 7
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Killing them if not reasonable force. If you could get the knife off them then you can use it without killing them so you wouldn't get off free, there would be some consequence.
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