New answers tagged manslaughter
0
votes
Is defending oneself from a sexual assult a defence for murder?
germany
The scenario you describe would be considered violence by the assailant. And also rape. There is §32(2) StgGB:
Notwehr ist die Verteidigung, die erforderlich ist, um einen gegenwärtigen ...
- 12k
3
votes
Is defending oneself from a sexual assult a defence for murder?
colorado
Short Answer
This woman was engaged in legally permitted self-defense when she killed the man with a knife in the kitchen under Colorado law, and she has not committed any crime. Her conduct ...
- 175k
2
votes
Is defending oneself from a sexual assult a defence for murder?
Probably
new-south-wales
Self-defence is defined in s418 of the Crimes Act 1900.
The defendant would probably rely on ss418(2)(a-b). You are allowed to use reasonable conduct to (a) defend yourself, ...
- 183k
1
vote
Is defending oneself from a sexual assult a defence for murder?
canada
Self-defence requires that the act commmitted in response to the threat be reasonable
The person claiming self-defence must have the subjective belief that "a threat of force is being made ...
- 24.8k
1
vote
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
In the USA, if you commit a felony, and someone dies as a result, that’s murder.
It doesn’t matter whether you intended to kill them (although you said they did). But it must happen as a foreseeable ...
- 30.9k
3
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Does the guilt of the victim affect the validity of a crime of passion
In most U.S. jurisdictions, there is a "crime of passion" defense which is an incomplete defense to a murder charge that reduced the charged crime of murder to a lesser offense if the ...
- 175k
4
votes
Does the guilt of the victim affect the validity of a crime of passion
The provocation must have come from the deceased
new-south-wales
Under s23 of the Crimes Act 1900, extreme provocation is a partial defence for murder resulting in a manslaughter conviction instead.
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- 183k
6
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Does the guilt of the victim affect the validity of a crime of passion
I assume you mean to ask whether the guilt of the victim affects the validity of a crime-of-passion defence.
canada
In Canada, the only crime-of-passion type defence is provocation, today codified at ...
- 24.8k
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