Self-Defence: Courts of Appeal Deciding New Provisions Guided by Old Principles

Document Type

Article

Publication Date

2016

Keywords

Offences, Murder, Second Degree Murder, Means to Cause Bodily Harm Likely to Cause Death and Is Reckless When Death Ensues, Trial Procedure, Charging Jury or Self-Instruction, Review of Evidence, Defences, Self Defence

Abstract

To date, the issue regarding the new self-defence provisions which has so far reached courts of appeal is whether the new provisions apply to offences which occurred prior to their enactment: the general consensus has been that they are not retrospective, and therefore the new s. 34 itself has received relatively little analysis.

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