AC1.2 explain social construct of criminality

Question 1

what does the rule of law state?

Answer 1

all individuals are subject to law

Question 2

what is mitigating circumstances

Answer 2

events or conditions, outside of an individual’s control

Question 3

where may partial defences apply?

Answer 3

in cases of diminished responsibility, constant, self defence and automatism

Question 4

where is diminished responsibility usually applied?

Answer 4

cases where individuals are charged for manslaughter not murder

Question 5

what did the homocide act 1967 do?

Answer 5

introduced concepts like diminished responsibility, loss of control, and suicide pacts, allowing for more nuanced sentencing based on the defendant’s mental state and the circumstances of the crime.

Question 6

what is consent as a defence?

Answer 6

agreement between the defendant and the victim that the defendants behaviour was acceptable

Question 7

what is consent used as a defence for?

Answer 7

all types of offences, mainly non-fatal ones

Question 8

what is partial defence used as?

Answer 8

a partial defence against charges of physical violence by a defendant

Question 9

what is self defence?

Answer 9

use or reasonable force to counter-attack or defend oneself from attack that results in injury

Question 10

what can self defence be used for?

Answer 10

defend oneself, property, prevent criminal actions or apprehend criminal offenders.

Question 11

what is automatism?

Answer 11

refers to an involuntary action of which the person is not in control of their mind or body

Question 12

wat partial defence can be used for automatism?

Answer 12

insane or non-insane

Question 13

what is non- insane automatism caused by?

Answer 13

external factors

Question 14

what is insane automatism caused by?

Answer 14

internal factors