Complete Defences Partial Defences Defences to Criminal Charges

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Complete Defences Partial Defences Defences to Criminal Charges

Defences to Criminal Charges Complete Defences - Something that will result in the acquittal of the accused person. Ie An absolute defence Partial Defences - Something that will allow a reduction in the seriousness of the charge or a reduction in punishment. Eg Reduction for murder to manslaughter. Text p 101 for examples Complete Defences Mental illness/insanity- In this case the person is incapable of having the Mens Rea. Possible outcomes- Release under supervision - Incapacitation in an institution Self Defence - Defence against attack is legal if no greater force than is reasonable/necessary is used. Eg No greater force than the threat defended against. How did the accused perceive the threat against them???? What level of force is reasonable???? Compulsion- 1) Necessity -- When the action taken by the accused is not as bad as the consequences of not acting. Eg Ships captain orders certain people into the lifeboats first, others drown. 2) Duress -- When a person is forced to commit a criminal act. Consent- Not a complete defence to murder. Cf Euthanasia. Common defence in sexual assault. Automatism- A complete defence based on being not in control of bodily actions. Eg Road accident because of a sneezing fit. Assault during sleep walking. Partial Defences Provocation- (In NSW only available as a defence to murder) Must be shown that the "reasonable person" would have been similarly provoked. May result in a reduction from murder to manslaughter. Crime Page 1 May result in a reduction from murder to manslaughter. Substantial impairment of responsibility (Diminished Responsibility)- Ie A less severe impairment than insanity or a psychological condition that predisposes a person to act in an unlawful way. Crime Page 2 .

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Summary Record of the 47Th Meeting
Document:- A/CN.4/SR.47 Summary record of the 47th meeting Topic: Formulation of the Nürnberg Principles Extract from the Yearbook of the International Law Commission:- 1950 , vol. I Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations 44 47th meeting — 15 June 1950 Code of Offences against the Peace and Security of sion must now decide whether or not it wished to adopt Mankind. the principles that an order given by a superior made 132. Mr. BRIERLY did not think that that was the the subordinate responsible; that was the first question problem. In no country did the law recognize superior it would have to decide. orders as a defence when a crime had been committed. 139. The CHAIRMAN again requested the Commis- sion to consider the matter and to form an opinion so 133. Mr. el-KHOURY expained that under the law that it could adopt a definite position with regard to the of his country, which was based on Islamic law, an decisions it was about to take. order given by a superior did not in itself free from responsibility the person to whom the order was given. The meeting rose at 1 p.m. The order of a chief who had power to enforce the execution of his order might remove that responsibility. He observed that the text of Principle IV, which was based on the text of article 8 of the Charter of the Niirnberg Tribunal, had been established by the Com- 47th MEETING mission the previous year.
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