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Its time to demolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder

Hemming, A (2008). Its time to demolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder. University of Notre Dame Australia Law Review,10(December 2008):1-35.

Document type: Journal Article
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Title Its time to demolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder
Author Hemming, A
Journal Name University of Notre Dame Australia Law Review
Publication Date 2008
Volume Number 10
Issue Number December 2008
ISSN 1441-9769   (check CDU catalogue open catalogue search in new window)
Start Page 1
End Page 35
Total Pages 35
Place of Publication Fremantle, WA
Publisher Hyde Park Press
Field of Research 1801 - Law
HERDC Category C1 - Journal Article (DEST)
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.
 
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Created: Wed, 13 May 2009, 16:15:16 CST by Sarena Wegener