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Killing in Self-Defence$
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Fiona Leverick

Print publication date: 2006

Print ISBN-13: 9780199283460

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199283460.001.0001

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Self-Generated Self-Defence

Self-Generated Self-Defence

Chapter:
(p.109) 6 Self-Generated Self-Defence
Source:
Killing in Self-Defence
Author(s):

Fiona Leverick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199283460.003.0006

This chapter examines the issue of how to deal with the accused who is some way at fault in generating the need to use self-defensive force. The most common example is the accused who starts a fight, but then kills his opponent after he reacts disproportionately to the initial aggression. The chapter presents a classification of all the different situations that can be encompassed under the heading self-generated self-defence and assesses the legal options available for dealing with the accused in each situation. It is argued that the defence should not necessarily be denied, except where the accused has deliberately provoked an attack in order to kill the victim and benefit from the defence of self-defence. The chapter also examines the approaches taken to self-generated self-defence in the major common law jurisdictions.

Keywords:   fault in self-defence, self-generated self-defence, starting the fight, initial aggressor, law relating to self-generated self-defence, right to life, freedom of movement

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