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Quick question on defences (CRIME) help plz

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90atarmaybe:
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:

--- Quote from: 90atarmaybe on October 20, 2018, 07:09:39 pm ---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 :

--- End quote ---
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.

joannelovescake:

--- Quote from: NowYouTseMe on October 20, 2018, 09:12:48 pm ---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.

--- End quote ---

so:
complete defence to manslaughter  = accused acquitted?
partial defence to murder = accused charged with manslaughter?
this always confuses me too..

NowYouTseMe:

--- Quote from: joannelovescake on October 20, 2018, 09:58:10 pm ---so:
complete defence to manslaughter  = accused acquitted?
partial defence to murder = accused charged with manslaughter?
this always confuses me too..

--- End quote ---

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)

joannelovescake:

--- Quote from: NowYouTseMe on October 21, 2018, 07:06:12 pm ---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)

--- End quote ---

but what if the victim dies anyway yet it wasn't with excessive force? Would it be complete or partial in that case?

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