Law1 min ago
Research for my book - death via self-defence
2 Answers
Hiya. A bit of a long-winded question but if anyone can help I'd be very grateful!!
If an individual was to fight off an attack (e.g. strangulation) which resulted in the assailant being pushed away, falling and smashing their head - causing a fatal injury what would be the legal line? Firstly, would something like this be dismissed as accidental death at coroners verdict or as lawful death in an act of self-defence? Would it be up to the coroner to decide if the force used was excessive or not? Or would the coroner open the case and then refer it on awaiting a police investigation?? Would the defendent be charged with the death before the coroners verdict - and what would the charge be in this case? Also, if theres anything I've missed that I should take into account with this kind of a case please point me in the right direction. I'm completely lost on this subject........ Thank you!!!!!!
If an individual was to fight off an attack (e.g. strangulation) which resulted in the assailant being pushed away, falling and smashing their head - causing a fatal injury what would be the legal line? Firstly, would something like this be dismissed as accidental death at coroners verdict or as lawful death in an act of self-defence? Would it be up to the coroner to decide if the force used was excessive or not? Or would the coroner open the case and then refer it on awaiting a police investigation?? Would the defendent be charged with the death before the coroners verdict - and what would the charge be in this case? Also, if theres anything I've missed that I should take into account with this kind of a case please point me in the right direction. I'm completely lost on this subject........ Thank you!!!!!!
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.depends on the full circumstances involved, in theory if the assailant was fighting for life and stopping themselves being strangled then they should not be done for muder and possible the latter charge on Manslaughter. The coroners will give a reason for death ie died due to a haemmorige or blow to the head.
it is up to the assailant to prove the force which was used was not excessive but neccessary for their survival.
its all down to the judge on the day, get a good criminal defence lawyer, mary monsoons 08081554870 are very good have used them for years never done me wrong, i know the do london and surrounding areas but they are a tad expensive
it is up to the assailant to prove the force which was used was not excessive but neccessary for their survival.
its all down to the judge on the day, get a good criminal defence lawyer, mary monsoons 08081554870 are very good have used them for years never done me wrong, i know the do london and surrounding areas but they are a tad expensive
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