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There appears to be confusion about the word 'defense'. Whether or not your actions are defensible you are still entitled to a legal defense when answering charges. It is then up to the judge/jury to decide whether the defense can be accepted. The defense barrister may also present arguments for extenuating or mitigating circumstances and, again, the judge may accept or reject such arguments. This is not some smug leftie approach but the basis for British jurisprudence for many many hundreds of years.
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