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If reasonable force is used as self-defence or prevention of a crime in killing, then he is not guilty. However if excessive force is, he is guilty of murder. This is a very harsh way to judge somebody, as they are either acquitted or given a life sentence. The only “fault†is D used more force than what was ‘reasonable’...
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Martin (Anthony) (2001) highlights this problem, a man, D was living in an isolated area, and two burglars entered D’s house, as D had been burgled before, he armed himself with a shotgun. Without warning he fired 3 shots into the dark and one burglar was killed. He was convicted of murder but on appeal reduced to manslaughter because of diminished responsibility...
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