In legal systems based on
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, a partial defence is a
defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indus ...
that does not completely absolve the defendant of guilt.
Aclaim of
self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
, 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
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
, such as
manslaughter.
In England and Wales, successfully pleading a partial defence for
murder may reduce the conviction to
voluntary manslaughter
Voluntary manslaughter is the killing of a human being in which the offender acted during ''the heat of passion'', under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they canno ...
. There are three types of partial defence -
loss of control,
diminished responsibility
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental func ...
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
Criminal defenses
Criminal law of the United Kingdom
Common law legal terminology
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