Partial defence: Difference between revisions
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In legal systems based on [[common law]], a '''partial defence''' is a [[Criminal defenses|defence]] that does not completely absolve the defendant of guilt.{{citation needed|date=June 2015}} |
In legal systems based on [[common law]], a '''partial defence''' is a [[Criminal defenses|defence]] that does not completely absolve the defendant of guilt.{{citation needed|date=June 2015}} A claim of [[self-defence]], for example, may be a [[complete defence]], leading to an [[acquittal]]; or it may be a partial defence, which leads to a lesser [[verdict]], such as [[manslaughter]]. |
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In United Kingdom law, successfully pleading a partial defence for [[murder]] may reduce the conviction to [[voluntary manslaughter]]. There are three types of partial defence in the United Kingdom - [[loss of control (disambiguation)|loss of control]],<ref name="Fitz-Gibbon2013">{{cite journal | title=Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control | author=Fitz-Gibbon, Kate | doi=10.1111/j.1467-6478.2013.00623.x | volume=40 |issue = 2| journal=Journal of Law and Society | pages=280–305|year = 2013}}</ref> [[diminished responsibility]] and [[suicide pact]]. These defences can only be applied to the charge of murder as per section 54 of the ''[[Coroners and Justice Act 2009]]''. |
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==References== |
==References== |
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Revision as of 07:26, 2 November 2019
 | This article needs additional citations for verification. (June 2019) |
In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt.[citation needed] A claim of self-defence, for example, may be a complete defence, leading to an acquittal; or it may be a partial defence, which leads to a lesser verdict, such as manslaughter.
In United Kingdom law, successfully pleading a partial defence for murder may reduce the conviction to voluntary manslaughter. There are three types of partial defence in the United Kingdom - loss of control,[1] diminished responsibility and suicide pact. These defences can only be applied to the charge of murder as per section 54 of the Coroners and Justice Act 2009.
References
- ^ Fitz-Gibbon, Kate (2013). "Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control". Journal of Law and Society. 40 (2): 280–305. doi:10.1111/j.1467-6478.2013.00623.x.
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