Intent is (in my limited understanding of the law) also important. Hard to prove, but important nonetheless.
Thus, if you hit your burglar (having chased him/her down the road) with the jo or bokken with the intention of rendering him/her unconcious but accidentally kill the miscreant, then that's likely to incur less of a penalty than hitting an unconcious burglar repeatedly til dead.
You do, of course, have to counter the CPS lawyer who may be trying to prove that you intended to kill.
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Date: 2005-04-06 03:45 pm (UTC)Thus, if you hit your burglar (having chased him/her down the road) with the jo or bokken with the intention of rendering him/her unconcious but accidentally kill the miscreant, then that's likely to incur less of a penalty than hitting an unconcious burglar repeatedly til dead.
You do, of course, have to counter the CPS lawyer who may be trying to prove that you intended to kill.