Research Monograph 28 — Partial defences to murder in NSW 1990–2004

Partial defences to murder in NSW 1990–2004

The partial defences of provocation, substantial impairment (formerly diminished responsibility) and excessive self-defence reduce a crime that would otherwise be murder to manslaughter. Partial defences reflect a rationale that, in some cases, the extenuating circumstances in which a person commits murder may warrant a conviction for the less serious offence of manslaughter. Partial defences are understandably a contentious topic. In a criminal trial, these difficult issues are decided by the jury as fact finder or, in rare cases, by a judge alone. This study provides a comprehensive empirical picture of partial defences in NSW for the period of 1990 to 2004. It collects information on all cases raising a partial defence in the 14-year period, including: