Partial defence
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In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt.[1] A claim of self-defence, for example, may be a complete defence to a charge of murder, leading to an acquittal; or it may be a partial defence, which leads to conviction 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,[2] 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
- ^ "Partial defense". LII / Legal Information Institute. Retrieved 26 May 2020.
- ^ 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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