Defences Legal Studies 3C

Defences  A person who admits to a criminal offence may adopt a defence that justifies or excuses their actions.  Specific defences, if proven, operate to remove one of the elements of a crime, thus precluding the prosecution from proving their case beyond a reasonable doubt. For example, the defence of self defence removes the mens rea element as, if proven, clearly the accused’s intention was to defend themselves or a third party and not commit the crime.  There is a range of defences open to a defendant, but they can be categorised into two main types:  Complete defence or absolute defence – a justification that excuses the defendant’s action and results in an acquittal, and  Partial defence or qualified defence – an excuse for the defendant’s action that might result in a reduction in the charge and /or punishment Provide handout.

Newspaper articles relating to defences

Simon Overland attacker found not guilty by reason of insanity A MAN who assaulted Tasmanian Justice Department secretary Simon Overland in central Hobart has been found not guilty on the grounds of insanity. Ryan Kinsellar, 30, of Hobart, pleaded not guilty in the Magistrates Court in Hobart today to a charge of assault. The court heard he was drunk when he attacked Mr Overland near the intersection of Elizabeth and Liverpool Streets on January 21. Magistrate Glenn Hay heard Mr Overland and his wife had left a wine tasting around 7.45pm and were heading towards the mall. Kinsellar bellowed as he ran up behind Mr Overland and punched him to the ground. Mr Overland, a former Victoria Police chief commissioner, regained his feet and restrained Kinsellar while his wife called police. Mr Hay said the expert evidence presented to the court showed Kinsellar was insane at the time of the offence. The case has been adjourned to December 12 for consideration of what further orders might be made.

Tasmanian court orders indefinite detention for Nicolau Soares after WA man found not guilty of double murder on grounds of insanity. A MAN found not guilty of murdering his mother and stepfather will be detained indefinitely in a secure mental institution. In the Supreme Court in Hobart yesterday, Justice David Porter said Perth man Nicolau Francisco Soares had little insight into his mental illness and posed a risk of violence in the future. Soares, 29, was found not guilty last month of murdering his parents, retired academics Delys Weston, 62, and Gavin Mooney, 69, at Mountain River in December 2012, on the grounds of insanity

Man charged with murder says stabbing in Chinatown carpark was self-defence

Activity  Defence activity worksheet

Reversal of burden of proof  The use of a defence reverses the burden of proof. The burden of proof is on the accused to prove their defence. Homework:  Terry Martin case (Tasmania 2011):  What was Terry charged with? (Facts of the case)  Summary or Indictable Offence? (Why do you think this?)  What were the defences Terry used?  What was the sentence?