Partial Defenses
Provocation: The actions of one person causes the other person to lose control of their actions. It must be shown that the provocation was so bad that a ‘reasonable person’ would have also been provoked into the crim and that the victim caused the accused’s behaviour. This defense can only be used when charged with murder and will only reduce the charge to manslaughter.
Diminished Responsibility: This exists when a person suffers from an abnormality of the mind that impairs their mental responsibility. This defense is used when the accused is not consistently insane.
Mistake/Accident: The defendant must admit to the criminal act but they can claim that the criminal act had been done in error or by accident.
Intoxication: a person was so affected by alcohol or other drugs that they did not know what they were doing.
Battered Women’s Syndrome: may arise when a woman kills her husband or partner after years of suffering domestic violence.
Provocation: The actions of one person causes the other person to lose control of their actions. It must be shown that the provocation was so bad that a ‘reasonable person’ would have also been provoked into the crim and that the victim caused the accused’s behaviour. This defense can only be used when charged with murder and will only reduce the charge to manslaughter.
Diminished Responsibility: This exists when a person suffers from an abnormality of the mind that impairs their mental responsibility. This defense is used when the accused is not consistently insane.
Mistake/Accident: The defendant must admit to the criminal act but they can claim that the criminal act had been done in error or by accident.
Intoxication: a person was so affected by alcohol or other drugs that they did not know what they were doing.
Battered Women’s Syndrome: may arise when a woman kills her husband or partner after years of suffering domestic violence.