It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder

Article

Hemming, Andrew. 2008. "It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder." University of Notre Dame Australia Law Review. 10, pp. 1-35.
Article Title

It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder

ERA Journal ID36726
Article CategoryArticle
Authors
AuthorHemming, Andrew
Journal TitleUniversity of Notre Dame Australia Law Review
Journal Citation10, pp. 1-35
Number of Pages36
Year2008
Place of PublicationPerth, Australia
ISSN1441-9769
Web Address (URL)http://www.austlii.edu.au/au/journals/UNDAULawRw/2008/2.html
Abstract

Diminished responsibility is a partial defence to murder
which, if proven, reduces criminal liability for unlawful
homicide from murder to manslaughter. This paper contends that given the vagueness, uncertainty and practical difficulties associated with the defence of diminished responsibility, it should be abolished completely in Australia as the very breadth of the defence, allows a coach and horses to be driven through criminal responsibility for murder. It will be contended that the availability of the defence of diminished responsibility is not appropriate even in jurisdictions such as Queensland and the Northern Territory which retain a mandatory life sentence for murder.
Furthermore, it will be argued that attempts to reformulate
the defence of diminished responsibility are akin to seeking
to glue back together a shattered vessel.

Keywordsdiminished responsibility; defence; criminal responsibility
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
440702. Crime policy
440205. Criminological theories
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsCharles Darwin University
Institution of OriginUniversity of Southern Queensland
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