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Title: The doctrine of excessive force in self-defence and the theory of the "battered woman syndrome" in the defence of self-defence in criminal law : a comparative study of English, Australian and Canadian criminal law
Author: Wahab, Mohd Iqbal bin Abdul
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2002
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This thesis aims to examine two issues related to the defence of self-defence in criminal law. Firstly, it is an investigation into the theory of excessive force in selfdefence. The essence of the theory is to have a person who excessively applies force in his defence to be convicted of manslaughter. The arguments in favour of the theory are compelling; however, in practice, the issue of excessive defence has always been a brain-teaser for judges. This thesis elaborates the controversies surrounding the application of the theory in the courts. The reason for its demise and arguments for its revival are discussed. Secondly, this work analyses the incorporation of the doctrine of the "battered woman syndrome" into the defence of self-defence. This doctrine has recently been introduced where, upon its acceptance by the court, an accused will be successful in pleading self-defence despite the fact that the traditional requirement of imminence has not been satisfied. There is discussion whether the doctrine has always been necessary for battered woman in claiming self-defence. This thesis focuses, in the main, on decided cases and, wherever necessary, a comparison is made of the two theories mentioned above in the law of self-defence in England, Australia and Canada.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available