Lesson 08

• Possible defences to murder

  Self-defence

  Mental impairment

  Duress

  Sudden or extraordinary emergency

  Involuntary actions
• Self-defence

  Believe actions were necessary self-defence

  Actions were reasonable in the circumstances

  Protect themselves/another person from serious/death injury
• Mental Impairment

  At the time they were suffering from a mental illness

  Didn't know what they were doing (little understanding of the nature and quality of their actions)

  Did not know their conduct was wrong, or could not reason

  Special verdict of 'not guilty by reason of mental impairment'
• Duress

  Person has reasonable belief that

  Threat of harm exists

  Threat would be carried out unless offence committed

  Only reasons way to avoid the threatended harm
• Sudden or extraordinary emergency

  Sudden or extraordinary emergency (risk of death/serious injury)

  Actions were the only reasonable way of dealing with situation

  Actions are a reasonable response
• Involuntary actions

  Accident

  Intoxication

  Automatism
• Intoxication

  Intoxicated by reason of consumption of alcohol, taking drugs or some other substances

  Cannot form the intention to commit the crime- not guilty (but rarely successful)
• Automatism

  Total loss of control over bodily movements

  Epileptic seizure

  Sleepwalking

  Extremely rare and difficult to prove
• Accident

  Actions were accidental (not voluntary, conscious or deliberate)

  Acted without intention to commit the crime