9 Defence Flashcards
Types of defences in Vic?
- Self-defence
- Duress
- Necessity
- Automatism 1)Sane 2)Insane
what is self-defence and which sec?
s322K of CA 1958 - it’s the defence of one’s self or interest, especially through the use of physical defence
what is s322M CA 1958 talks about?
The Circumstances in which an accused can claim self-defence:
a) defending oneself or other people
b) to prevent unlawful deprivation of liberty of the person or others
c) to protect property
can an accused who started the fight claim self-defence?
No, an initiator of aggression can’t
what is Duress and which sec?
s3220 CA 1958- Duress is when an accused is coerced into committing an offence under threat, violence, or has been constraint.
Elements of Duress?
s3220(2)- The accused reasonably believed that a threat has been made.
what is Necessity and which sec?
s320R CA 1958- Necessity is when an accused is compelled to commit an offence under threat or extraordinary emergency.
can an accused with mental disorder be trialled?
s6 crimes (Mental Impairment and Unfitness to be trialled) 1997- an accused must be fit to stand a trail
Elements of Mental Impairment and which sec?
s20 CA 1997:
a) the accused wasn’t conscious of his act during committing the offence
b) the accused didn’t reasonably know his conduct was wrong
what is Automatism?
is the performance of action without conscious thought or intention.
Eg; a person drops a knife on someone during sleepwalking
types of Automatism?
1) sane- caused by external factors such as alcohol, sneezing blackout
2) Insane- caused by mental disorder
case law on Automatism?
Robert Farguharson - claimed automatism due to sneezing blackout during driving his three children into a dum. As result, all his three children died and the accused found guilty of murder.
Self-defence Elements based on case law and sec?
s322(2) / Zecevic v DPP 1987- subjective test
a) accused acted out of necessity, and he genuinely believed that.
b) on Reasonable grounds
