Defences to murder? (1 Viewer)

[Insanity]

Hi, was doing some past HSC questions (2002 to be specfic) and I was wondering in considering for a defence for murder, can complete defences be used? Or is it just partial defences .... ?

 

[goan_crazy]

Hi, was doing some past HSC questions (2002 to be specfic) and I was wondering in considering for a defence for murder, can complete defences be used? Or is it just partial defences .... ?

partial reduce charges to lesser ones E.g. murder -> manslaughter
however complete defences can still be used as an excuse.

 

[bEAbEA]

complete defences can be used: eg. insanity (but then they would have to be sent to some kind of mental institution), self defence (but it has to be proved that the forces used was reasonable)
However, as goan_crazy said, the partial defences are usually used, and they usually reduce the sentance to manslaughter

 

[melsc]

provocation is a defence that is only able to be used in murder cases in NSW
Also all the complete and other partials as well

 

[sly fly]

There are heaps of complete defences that can be used for murder eg: insanity, alibi, accident, automatism etc

 

[Aimz- Lou.]

accident will not necessarily act as a complete defence, but could result in a lowering of the sentence.

 

[Jonathan A]

As pointed out there are many defences to Murder. Many are only partial and will reduce the charge to manslaughter. Complete defences include Self Defence and Insanity. The onus of proof in insanity is on the defence, but the onus on Self Defence is on the prosecutor to prove beyond reasonable doubt that the defendant committed murder without self defence (elements under Zecevic v DPP).

 

[Lazarus]

Strictly speaking, a claim that the murder was an "accident" doesn't really constitute a defence - it just makes it more difficult for the prosecution to prove beyond reasonable doubt that the accused intended to commit the murder (i.e. had the necessary mens rea).

A true defence will exculpate the accused even if all of the elements of the offence are established.

Check out the Criminal Trial Courts Bench Book for a great rundown of the defences, as well as copies of the model statements used by judges to inform juries as to how the legal tests should be applied:

http://www.jc.nsw.gov.au/ctcbb/main.html