Defences of Murder

Question 1

Mental impairment

Answer 1

The accused did not have the capacity to understand that his or her actions were wrong.
Eliminates the element of sound mind.

Question 2

Self-defence

Answer 2

Only a partial defence, and only accepted when the accused retaliated with the same level of force.
Either self-defence, or defending someone else.

Question 3

Sudden or extraordinary emergency

Answer 3

The death occurred because of extenuating circumstances requiring the death.

Question 4

Battered spouse syndrome

Answer 4

When the accused unlawfully kills their partner after a long period of abuse, in an opportunistic attack with the belief there was no other way out.

Question 5

Automatism

Answer 5

The accused was in an altered state of consciousness - i.e. sleepwalking.
Eliminates the element of intent.

Question 6

Duress

Answer 6

The accused believed there was clear and present threat of harm.
For example, mafia cases as a source of blackmail.

Question 7

Intoxication

Answer 7

The accused was under the influence of drugs or alcohol and the intoxication was not self-induced.

Question 8

Accident

Answer 8

The death occurred due to a genuine accident.