Defences

Partial Defense

reduced sentence

complete defence

acquittal

Defences

provocation, self defence, intoxication, accident, insanity, diminished responsibility

Provocation

• they acted in result to provocation with proportionate force

• they acted in the heat of the moment

• they lost self control

self defence

• unprovoked defence

• complete defence if that person is in fear of GBH or death

• force needs to be proportionate to the fear of threat of GBH or death

intoxication

• not a defence when intoxication is self induced

• complete defence for involuntary intoxication,

• have to prove that the accused was prevented from forming intent or understanding their actions

accident

• if the event was so unlikely or unusual that a reasonable person would not have foreseen it,

• the accused must prove their action was lawful

• the event was an unintended and unforeseen consequence

Insanity

• at the time they could not control their actions

• understand what they were doing

• could not understand that they ought not to do the act or make the omission

A diminished responsibility

• partial defence for murder charges only

• reduces the offence to manslaughter

• the offender must be suffering from an abnormality to the mind which: substantially impaired their capacity to understand to control their actions their that abnormality arose from a cause such as a mental condition or medical disorder

Amendments to the defence of provocation in 2011

• the defence cannot be used for murder

• cant be used for words alone unless they are of a most extreme and exceptional character

• a domestic relationship exists

• the provocation is based on anything done by the deceased or anything the person believes the deceased has done: to end the relationship, to change the nature of the relationship, to indicate in any way the the relationship should or will end.