Criminal Trial Courts Bench Book
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Defences
[6-000]
Alibi
[6-000]
Suggested direction
[6-010]
Notes
[6-050]
Automatism
[6-050]
Preliminary notes
[6-060]
Suggested direction — sane automatism
[6-150]
Duress
[6-150]
Introduction
[6-160]
Suggested direction
[6-170]
Notes
[6-200]
Mental illness — including insane automatism
[6-200]
Statutory provisions
[6-210]
Insane automatism
[6-220]
Where an issue arises as to whether the evidence discloses a basis for either sane or insane automatism
[6-230]
Suggested direction — mental illness (where there is no issue of automatism)
[6-240]
Suggested direction — where insane automatism and mental illness are raised by the accused
[6-250]
Suggested direction — where the accused raises sane automatism as an issue but expressly or impliedly disclaims mental illness as a defence and the Crown relies on mental illness
[6-260]
Suggested direction — explanation to jury of the legal and practical consequences of findings
[6-270]
Suggested written direction
[6-280]
Notes
[6-290]
Disease of the mind
[6-295]
Effect of special verdict of not guilty by reason of mental illness
[6-350]
Necessity
[6-350]
Introduction
[6-400]
Provocation/extreme provocation
[6-400]
Introduction
[6-410]
Leaving provocation/extreme provocation to the jury
[6-420]
Suggested direction — provocation — murder allegedly committed before 13 June 2014
[6-430]
Notes — provocation before 13 June 2014
[6-440]
Extreme provocation — applicable from 13 June 2014
[6-442]
Suggested direction — extreme provocation — murder allegedly committed on or after 13 June 2014
[6-444]
Notes — extreme provocation
[6-450]
Self-defence
[6-450]
Introduction
[6-452]
Raising/leaving self-defence
[6-455]
Essential components of self-defence direction
[6-460]
Suggested direction self defence — cases other than murder
[6-465]
Suggested direction self defence — murder cases
[6-470]
Suggested directions where intoxication is raised
[6-480]
Suggested written direction — intoxication
[6-490]
Suggested oral direction — intoxication
[6-550]
Substantial Impairment by Abnormality of Mind
[6-550]
Introduction
[6-570]
Suggested written direction
[6-580]
Suggested oral direction