Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

If a person accidently kills another person in self defence in the UK - what would be the likely consequence?
Find answers to your legal question.





If a person accidently kills another person in self defence in the UK - what would be the likely consequence?

Say for example a woman is walking home at night and she is attacked and forced to the ground, what if she grabbed for a rock and hit her attacker over the head with it and he died? Would she go to prison?

What if you are in your own home and are being burgled and the burgaler attacks you and you hit them or stab them or something and they die? What then?
Additional Details
Would she be held on remand until the court date?


    




Harry R
Rating
Remember Kenneth Noye, who stabbed to death a police officer who was observing Noye from the grounds of his home, and was acquitted of murder on the grounds of self-defence. In the language of the police, he had 'form' - and was eventually jailed for being part of the Brinks Mat gold robbery, along with a road-rage killing years afterward.
Does it (still) not depend on the situation. Both situations you mention would have ample reason for the victim to be set free - perhaps even today, but as some have written, in the swift law-making habits of the current government...who's to say? As Fivetoze tells us...if you have a Michael Mansfield defending you - you'll walk.


GAVIN E
If it is proved that she acted in self defence, then there is probability of that person being acquitted.


fivetoze
well all we have to do is define reasonable force...

if johnny burglar is armed with a small weapon, im not justified in taking a 3foot pudlock bar to his worhtless carcase... (its a short length of scaffolding tube)

i can hit him, but only once... similarily i can restrain him... but i cant put a noose around the scumbags neck and tow him behind my volvo...

and if your female friend smacks an attacker with a rock as hes trying to rape her, or rob her, she will face absolutely no charge... provided she doesn take the knife off him, and stab him repeatedly, like hundreds of times.. and then go get another when it breaks...
thats frowned upon... but a good barrister would stil lget a dismissal...


fiona w
Rating
The law can't seem to define what reasonable force is, so the chances are it will be classed as manslaughter and prison is likely


zebbedee
Rating
You have to use reasonable force and it would be up to the prosecution to prove that the force used was unreasonable. You don't actually need to be attacked to lawfully take a life, but must reasonably fear for your own life.


Daniel D
Rating
are you retarded or on drugs?
ITS SELF DEFENCE


elin j
I agree with parts of what the above said, apart from the example. I don't think that has anything to do with it, I mean, if you genuinely feel you are in imminent threat and are in a vulnerable situation then you will defend yourself and use force, regardless of the attacker.

Yeah, and just a brief on Tony Martin's case, who argued self defence.. the attackers where walking away when he shot, so obviously they were not an imminent threat so he was liable.. I dunno if he pleaded diminished responsibility, I can't remember.

If the burglar is in your home then yes that is an imminent threat so you are likely to be acquitted, however, I'd imagine if the burglar was leaving your property and then you started to attack, you would be liable, maybe not murder, but definitely manslaughter.


Sky god
Pretty well answered by all. You can use reasonable force to defend yourself, loved one's, property etc, but as long as self defence does not turn into attack the courts will have to take into consideration all of the facts. The facts will be numerous. There is no point in a house owner who is 6 foot 2 inches tall, weighing 16 stone, who is a body builder, black belt in Karate, standing in court and saying, " I was frightened of the burglar" when the burglar is a 16 year old, 9 stone weakling who could not fight his way out of a paper bag....see where I am coming from. Remember the Martin case in Norfolk? Like some one said, the Noy case....each case is different, each court is different, just hope the defence QC is on the ball


buildypuss
Rating
The way the law is going in this stupid country they would be jailed|!


You have but one choice
Rating
yes she would be charged for murder

but in self defence so manslaughter charge mandatory 3 Years and she might be remanded in custody but that will go toward the total imprisonment time 1 1/2 years actual serving time

be careful


pete_monkey_hanger
Rating
I was attacked by 2 guys, i can fight and hurt them, i went to jail for 2 years!!!! piss take


tanika971
Rating
self defence, so nothing should happen, but knowing our justice system, you would probably be sent to prison.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 New Jersey: How come cops can drive while talking on cell phones?
but can give tickets if we do? Today I drove by three South Jersey Cops.. Specifically Egg Harbor Twp., laughing on cell phones.. why is this allowed?
Additional Details
can I ...


 Some people state they do not like the police. I find that hard to believe, please tell me why.?
I have heard over and over that the police are horrible people and they are nothing but criminals that have not been caught. I find that impossible to believe, and I am curious to find out why ...


 How long does cocaine stay in your system?
If you do about a half of gram in one day but had not done it in a while before that how long before you are able to pass a urine test?...


 If a cereal rapist is getting parole in your city, what would you do?
A convicted cereal rapist is moving into Regina for his parole. He is going to be on day parole and has to live in a half way house for six months only. What can I do to keep this creep out of my ...


 Send convicted inmates to Iraq?
we should seriously send all the convicted violent criminals to Iraq. why have them waste our hard earned money when we could get rid of them and have them contribute to this country , killing 2 ...


 Why should there be stricter laws on gun control?

Additional Details
If you say there shouldn't be then what if you were walking down the road and you just happened to be shot and killed in a drive by. The innocent are dying ...


 I got a speeding ticket..can u help me?
okay...I am 25 years old..this is my first speeding ticket and it's super super bad...I was in a huge hurry to be somewhere by noon and I knew i was speeding but i wasnt watching how fast..I got ...


 Will I get charged with anything if I was defending myself in my own home?
My best friend's birthday was a few weeks ago and an unsavory character came back with us to my apartment for an after party. He was repeatedly rude and I told him to leave. He refused to leave ...


 Why is it that a cop can literally give you a ticket for anything he wants to, whether you did it or not...?
and when you go to court if they show up you are guilty. It is your word against theirs and who is the judge going to believe???

I got a ticket for loud music with my windows up and a ...


 No pull over by cop , do we still get Ticket?
This morning on my way to work, i was speeding up to 75MPH on 65MPH freeway, i was on the left lane and i saw one cop w/ Laser gun pointing at my car. As soon as i passed him he get in his car and ...


 Why do some police officers go to bars and get drunk and drive, but we can't.?
I swear they go out and get hammered and don't even think twice. Then the next night they are out stopping people for drunk driving??? This is not a bunch of BS either. There is a bar down ...


 Can I report a person with an outstanding arrest warrant?
I'm a single mom to a three month old little girl, I haven't spoken to the father for 8 months. I have a child support order but my ex cannot be found. He has an outstanding warrant out for ...


 Got caught for using a fake ID, It's a Class 1 Mistermeaner... What can I get for that?
...


 Is the world more violent today than in the past?
...


 What is the powder the police use to get fingerprints?
...


 If you hit a car but no damage should u still leave a note?
I was parallel parking and i very gently nudged against the car behind me, absolutely no damage and i was going about 1/2 mile an hour, i got out to see if i had any space and i saw that my car and ...


 Why don't we re-introduce beheading for very extreme crimes?
For the extreme crimes commited by serial killers, they should be beheaded, but in a most humane and 21st century-style, by an electronic robotic machine that will swiftly carry out beheadings, so ...


 Police Batons?
Why do the (British) Police use different styles of truncheons/batons for different situations ? E.g normal patrol officers seem to use the extendable batons, transport cops have the large (...


 Can police officers run stoplights, stop signs?
if they have the proper lighting and signals on?...


 NEED HELP: A Security Guard gave me a ticket....read more..?
i was driving in a closed community where they have their own security and regulations, and pretty much ive been going there for about a year, and recently i went 28 mph in a 15 mph zone and they ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.034