3. Defences Flashcards
Defence…
…accused my rely on a recognised defence to limit their criminal responsibility- can be a partial or complete defence
Criminal responsibility…
…court must determine whether a person should be held criminally responsible for a crime
Burden of proof…
…burden of proof lies with the prosecutor - it is the prosecutor’s responsibility to prove their case
Self-defence…
…self-defence is a complete defence
Must be equal force. Can be lethal if equal.
Provocation…
Provocation is a partial defence to murder (reducing charges to manslaughter) and a complete defence for
common assault assault occasioning bodily harm unlawful wounding manslaughter grievous bodily harm
Domestic violence and self-defence…
…introduced as a defence for accused who are victims of domestic violence as a partial defence for murder (downgrades to manslaughter)
Must be evidence of sustained abuse over time
Full vs partial defence
Full = defendant acquitted, not criminally responsible
Partial = reduces the defendant’s criminal responsibility (e.g. murder to manslaughter)
Intoxication…
…not a defence in Queensland if person was voluntarily intoxicated but can be a partial defence of person was involuntarily intoxicated
Duress…
…complete defence where the accused was forced to carry out a crime under threat - reasonable person must agree that threat was real and that there was no other choice
Aggravating factors
Increase the offender’s culpability and can increase the charge or sentence
Mitigating factors
Decrease and offender’s culpability and act to decrease the charge or sentence
Exculpatory defences
Duress and necessity Extraordinary emergencies Impaired mental state (insanity/diminished responsibility) Intoxication Self-defence Provocation
Standard of proof
Standard or proof in a criminal trial is ‘beyond reasonable doubt’
