Lauren1992
New Member
- Joined
- Feb 10, 2008
- Messages
- 5
- Gender
- Female
- HSC
- 2009
Can anyone define partail defences for me??? Would be highly appreciated!
-
Best of luck to the class of 2024 for their HSC exams. You got this! Let us know your thoughts on the HSC exams here -
YOU can help the next generation of students in the community! Share your trial papers and notes on our Notes & Resources page
Partial Defences (1 Viewer)
- Thread starter Lauren1992
- Start date
jeff.wong
Member
- Joined
- Oct 27, 2008
- Messages
- 177
- Gender
- Male
- HSC
- 2008
Partial or qualified defence: an excuse for the defendant’s action that might result in a reduction in the charge and/or punishment. E.g.
Provocation
Provocation can be defined as the actions of one person that cause another person to lose control of their actions. In order for a jury to accept this defence it must be shown:
o That the victim must have caused the accused’s criminal behaviour, and
o That the provocation was so bad that an ordinary person would have also been provoked into the crime.
In NSW, provocation can only be used as a defence to murder and, if proven, results in a reduction of the charge from murder to manslaughter.
Substantial impairment of responsibility
This defence, also referred to as ‘diminished responsibility’, exists when a person suffers from an abnormality of mind that impairs their mental responsibility. It is easier to prove than insanity as the mental disorder can be less severe. This defence is often used when the accused is not consistently insane. E.g. R v, Byrne (1960), the accused was a sexual psychopath with violent sexual desires that he could not control. Most of the time he was considered to be normal, but on occasional episodes had led to homicide in the past. In this case, the court ruled that the charge of murder should be reduced to that of manslaughter.
Provocation
Provocation can be defined as the actions of one person that cause another person to lose control of their actions. In order for a jury to accept this defence it must be shown:
o That the victim must have caused the accused’s criminal behaviour, and
o That the provocation was so bad that an ordinary person would have also been provoked into the crime.
In NSW, provocation can only be used as a defence to murder and, if proven, results in a reduction of the charge from murder to manslaughter.
Substantial impairment of responsibility
This defence, also referred to as ‘diminished responsibility’, exists when a person suffers from an abnormality of mind that impairs their mental responsibility. It is easier to prove than insanity as the mental disorder can be less severe. This defence is often used when the accused is not consistently insane. E.g. R v, Byrne (1960), the accused was a sexual psychopath with violent sexual desires that he could not control. Most of the time he was considered to be normal, but on occasional episodes had led to homicide in the past. In this case, the court ruled that the charge of murder should be reduced to that of manslaughter.