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 .