A legal defence is an attempt by the accused to justify or excuse their actions. A complete defence is used to justify the defendants actions, and if successfully proven, will result in an aquittal (when a defendant has the charges against them dismissed). Examples of complete defences include mental illness (insanity), self defence, necessity, duress (which cannot be used in cases of murder or treason), and consent. It is also important to note that NSW, unlike other states within Australia, does not accept intoxication as a defence for a criminal act.
When a crime (such as murder) has been committed, the defendant may claim that there were mitigating circumstances/ factors that caused them to carry out the act, which may reduce the sentence. This is known as a partial defence. Examples include provokation and substantial impairment of responsibility (diminished responsibility). Once again, it is important to note that in NSW, provokation can only reduce muder to manslaughter, while in other jurisdictions it can be used as an absolute defence.
TOOOO EEASSSSYYYY
ok my turn. Outline the role of investigation within the criminal process. You must include right of suspects, and search and seizure.
