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June 18, 2019, 07:29:49 am

Author Topic: Quick question on defences (CRIME) help plz  (Read 352 times)  Share 

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90atarmaybe

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Quick question on defences (CRIME) help plz
« on: October 20, 2018, 07:09:39 pm »
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I've been doing HSC past papers in terms of legal studies multiple choice but have some confusing inconsistencies which have lead me to understand this:

Partial defences to lower muder to manslaughter: provocation and diminished responsibility

Complete defence for manslaughter: self-defence

But, when can self-defence be used as a PARTIAL defence? (if considering, only provocation and diminished responsibility can lower murder to manslaughter)


Please help!!!  :o :

NowYouTseMe

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Re: Quick question on defences (CRIME) help plz
« Reply #1 on: October 20, 2018, 09:12:48 pm »
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I've been doing HSC past papers in terms of legal studies multiple choice but have some confusing inconsistencies which have lead me to understand this:

Partial defences to lower muder to manslaughter: provocation and diminished responsibility

Complete defence for manslaughter: self-defence

But, when can self-defence be used as a PARTIAL defence? (if considering, only provocation and diminished responsibility can lower murder to manslaughter)


Please help!!!  :o :
http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s421.html
When the accused's use of force in self-defence is deemed by the judge to be not reasonable as the accused perceives it and it causes death, and it's in a trial for murder, they are to be found guilty of manslaughter.
HSC 2016
Information Processes and Technology: 90

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joannelovescake

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Re: Quick question on defences (CRIME) help plz
« Reply #2 on: October 20, 2018, 09:58:10 pm »
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http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s421.html
When the accused's use of force in self-defence is deemed by the judge to be not reasonable as the accused perceives it and it causes death, and it's in a trial for murder, they are to be found guilty of manslaughter.

so:
complete defence to manslaughter  = accused acquitted?
partial defence to murder = accused charged with manslaughter?
this always confuses me too..
« Last Edit: October 20, 2018, 10:04:30 pm by joannelovescake »
HSC 2018  :  English Adv, Legal Studies, Ancient History, Chemistry, Biology

2019: BCommerce / BLaws @ UNSW

I offer affordable one-to-one and group tutoring in English, Modern Greek, History and Science :) send me a message!

NowYouTseMe

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Re: Quick question on defences (CRIME) help plz
« Reply #3 on: October 21, 2018, 07:06:12 pm »
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so:
complete defence to manslaughter  = accused acquitted?
partial defence to murder = accused charged with manslaughter?
this always confuses me too..

think of excessive self-defence like a special case of self-defence where yes, they did commit their actions in self-defence, but those actions were themselves manslaughter so it gets reduced from a complete defence to a partial one.
so self-defence is a complete defence BUT isn't when it's excessive (kills the victim)
HSC 2016
Information Processes and Technology: 90

HSC 2018
Advanced English: 95 | Extension 1 English: 47 | Extension 2 English: 42 | Legal Studies: 95 | Modern History: 94 | French Continuers: 84 | Mathematics Advanced: 89

LAT 2018: 88 (90th Percentile)

ATAR: 98.05

joannelovescake

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Re: Quick question on defences (CRIME) help plz
« Reply #4 on: October 21, 2018, 07:15:14 pm »
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think of excessive self-defence like a special case of self-defence where yes, they did commit their actions in self-defence, but those actions were themselves manslaughter so it gets reduced from a complete defence to a partial one.
so self-defence is a complete defence BUT isn't when it's excessive (kills the victim)

but what if the victim dies anyway yet it wasn't with excessive force? Would it be complete or partial in that case?
HSC 2018  :  English Adv, Legal Studies, Ancient History, Chemistry, Biology

2019: BCommerce / BLaws @ UNSW

I offer affordable one-to-one and group tutoring in English, Modern Greek, History and Science :) send me a message!