Is a defendant entitled to an instruction on imperfect self-defense?

California, United States of America


The following excerpt is from People v. Currie, 104 Cal.Rptr.2d 430, 87 Cal App. 4th 225 (Cal. App. 2001):

A defendant is entitled to an instruction on imperfect self-defense when the record contains evidence of a defendant's actual (honest) belief he is facing an imminent and unlawful threat of death or great bodily injury, and he objectively, but unreasonably, believed the acts which caused the victim's death were necessary to avert the threat. (People v. Curtis (1994) 30 Cal.App.4th 1337, 1354-1355.) A defendant's honest-but-mistaken belief may be the product of a delusion. (People v. Uriarte (1990) 223 Cal.App.3d 192, 197.)

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