ATAR Notes: Forum
HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: 90atarmaybe 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 :
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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.
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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..
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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)
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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?