Defence of impaired responsibility (1 Viewer)

[sophi]

What is it?

I know it is a partial defence reducing a charge of murder to manslaughter, but what does it entail? Are there any conditions?
Does ne1 have any case studies to demonstrate its application?

If you can help, thanx in advance!

 

[HannieStar]

Do you mean diminished responsibility?

If so-
-introduced to Crimes Act in 1974 to address problems related to insanity defense.
-involves a 'substantial impairment by abnormailty of mind",
-The defense must prove that the accused was in such a state of mind at the times the act/omission took place, that impaired their mental responsibility
-jury decides whether it is a case of diminished responsibility
-is only a defense for murder in NSW and if successful results in manslaughter charge, not murder. Does not ever result in an aqcuittal

Hope that helps
Hope I can remember it in the exam hahah
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