Abolition of diminished responsibility
Paper
Paper/Presentation Title | Abolition of diminished responsibility |
---|---|
Presentation Type | Paper |
Authors | |
Author | Hemming, Andrew |
Editors | Evers, Tania |
Journal or Proceedings Title | Proceedings of the 28th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law (NSW) (ANZAPPL 2008) |
Year | 2008 |
Place of Publication | Australia |
Conference/Event | 28th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law (NSW) (ANZAPPL 2008): Risks v Rights |
Event Details | 28th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law (NSW) (ANZAPPL 2008): Risks v Rights Event Date 23 to end of 26 Oct 2008 Event Location Sydney, Australia |
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. |
Keywords | murder; homicide; diminished responsibility; provocation |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
520103. Forensic psychology | |
420313. Mental health services | |
Byline Affiliations | School of Law |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q0vw5/abolition-of-diminished-responsibility
138
total views5
total downloads0
views this month0
downloads this month