In legal systems based on
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, a partial defence is a
defence that does not completely absolve the defendant of guilt.
A claim 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 tim ...
, for example, may be a complete defence to a charge of
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
, leading to an
acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an of ...
; 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
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
.
In England and Wales, successfully pleading a partial defence for
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
may reduce the conviction to
voluntary manslaughter. There are three types of partial defence -
loss of control,
diminished responsibility 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
The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales.
Among its provisions are:
*Preventing criminals from profiting from public ...
. The earlier defence of
provocation was abolished by section 56 of the same Act.
References
Criminal defenses
Criminal law of the United Kingdom
Common law legal terminology
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