3.8 defences

67 %
33 %
Information about 3.8 defences

Published on March 3, 2014

Author: alisawilliams

Source: slideshare.net


What is the point of a legal defence?    Legal defences allow the accused to argue that they had reduced liability (i.e. they were not responsible for their actions). Most legal defences argue that the accused did not have the necessary mens rea to be found guilty of the crime. Legal defences help to achieve justice for the accused; they allow the judge or jury to be lenient in certain circumstances.

Complete Defences  Will result in the accused being acquitted of all charges Partial Defences  May result in the charge or sentence being reduced

Complete Defences Mental illness or insanity • Difficult to prove • Means the accused was unable to form the mens rea at the time of the offence due to mental incapacitation Involuntary behaviour (automatism) • Means that the accused could not control his behaviour at the time of the crime Mistake • Not usually an appropriate defence • Means that the accused made a genuine and reasonable mistake in committing the crime Self-defence (necessity) • Means that the accused carried out the crime to protect themselves, another or property, to prevent a crime • Force used must be “reasonable” Duress • Means that the accused committed the crime against their free will, because their life was under threat • Not acceptable for murder Consent • Generally used in sexual assault cases • Means the “victim” gave permission for the act • Not acceptable for murder

Partial Defences Provocation • The accused claims that their actions were a direct result of the other person’s actions – i.e. the victim is partially responsible because they caused the accused’s behaviour • No longer a defence in Vic, WA or Tas. In NSW, can only be used to reduce a murder charge to manslaughter. Diminished responsibility • AKA “substantial impairment of responsibility” • The accused claims that they suffer from a mental impairment or abnormality that caused them to act a certain way and commit the crime

Relevant Cases Research these cases. Explain the defence used in each of them.       M’Naghten Test R v Zecevic (1987) R v Williamson (1972) DPP v Morgan and others (1976) R v Camplin (1978) Osland v R (1998)

Add a comment

Related presentations

Related pages

3.8 defences - Education - documents

1. DEFENCES TO CRIMINAL CHARGES 2. What is the point of a legal defence? Legal defences allow the accused to argue that they had reduced liability…
Read more

British hardened field defences of World War II - Wikipedia

British hardened field defences of World War II were small fortified structures constructed as a part of British anti-invasion preparations.
Read more

Hague-Visby Rules - Universitetet i oslo

The Hague-Visby Rules ... The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of ...
Read more

3.8 Defences to criminal charges: Complete Defences ...

Start studying 3.8 Defences to criminal charges: Complete Defences. Learn vocabularly, terms, and more with flashcards, games, and other study tools.
Read more

Safety of Digital Communications in Machines - VTT.fi

Safety of Digital Communications in Machines. Espoo 2004. VTT Tiedotteita ΠResearch Notes 2265. 93 p. + app. 1 p. ... 3.8.4 Architectural Defences ...
Read more

Strategy Defense 3 and other free Internet Games ...

7 Shadez 3; 8 Boxhead The Zombie Wars; 9 Thing Thing 4; 10 Warfare 1917; ... Description: Strategy Defense taken to a new level -- Control an entire army!
Read more

Rebuilding Americas Defenses - PNAC - Scribd

Rebuilding Americas Defenses - PNAC - Free download as ... INCREASE DEFENSE SPENDING gradually to a minimum level of 3.5 to 3.8 percent of gross ...
Read more

Empire Defense II - Android Apps on Google Play

Empire Defense II is a superior strategy tower defense game based on the background of the Three Kingdoms. Its ground-breaking DIY gameplay ...
Read more

4-3 Defense for Football - YouTube

4-3 Defense for Football Joe Daniel. Subscribe Subscribed Unsubscribe ... Stopping the run with a 4-3 (8 men in the box) defense - Duration: ...
Read more