Research ANGER
Anger - Wikipedia, the free encyclopedia
Perseus Defence Lawyers will use the defence of "self defence"
Self-defence in English law is a complete defence to all levels of assault
Self-defence in English law - Wikipedia, the free encyclopedia
The adversary invoked such levels of fear/anger in the accused that he was forced to react in anger to protect his wellbeing. Anger being indistinguishable from temporary insanity. The danger was such that waking away alternative would not be available. The adversary declined to walk away as well.
The defence will maintain that the client was completely sober.
The client will already have taking efforts to remove himself from the scene of conflict. Intention is removed so therefore a crime cannot be committed without intent.
In other words, diminished responsibility is not acccepted by this client as a mitigating factor. He pleads absolute not guilty and that anger was the normal response to the situation caused by the Other.
Intention is generally defined in terms of foresight of particular consequences and a desire to act or fail to act so that those consequences occur. It is distinguished from recklessness because, on a subjective basis, there is foresight but no desire to produce the consequences.
Diminished responsibility might be a defence if the client was suffering from a head injury that impaired his cognition.
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