Adrian went to a party and drank too much alcohol. He then threatened to assault Lachie if “he
didn’t pull his head in”. Lachie stabbed Adrian, killing him. |
Self defence, intoxication |
Lachie will need to prove that he believed that the conduct was necessary in self-defence and the
conduct was a reasonable response in the circumstances as he perceived them. In relation to
intoxication, this would only apply if Lachie could prove that he was not voluntarily intoxicated
|
Sadiki has to make a snap decision in a situation where he believes another person is going to blow
up a building. He shoots the person in order to avoid the disaster and save lives. |
Sudden or extraordinary emergency
|
Sadiki will need to prove that he reasonably believed that the circumstances of a sudden or
extraordinary emergency existed and that the conduct was the only way to deal with the emergency.
|
Pierrot woke up to the sound of a gunshot, only to discover a gun in his hand, his father lying on
the ground in front of him and his mother screaming. His father died of a bullet wound to the head.
|
Automatism |
Pierrot will need to prove that he committed a crime without conscious thought. The act must have
been committed as a result of muscle spasms or reflexes, or while not conscious by virtue of a state
such as sleepwalking. |
Following a local soccer match, Satish and Billy argued about whose team was better. Satish was
heard by witnesses to angrily exclaim, ‘Shut up, or I'll kill you’. He then punched Billy’s face.
Billy fell to the ground, knocking his head against the ground. Two days later, Billy died in
hospital. |
Accident -> manslaughter |
Satish will need to prove that the death of Billy was the result of an unfortunate incident
happening unexpectedly or unintentionally and resulting in some sort of damage or injury. It is more
likely that he will use manslaughter as a partial defence to murder.
|
Hope met Catherine during an early morning walk. Hope killed Catherine with a kitchen knife because
she believed that Catherine was a zombie who was preparing to attack her.
|
Mental impairment |
Hope would need to prove that at the time of engaging in the offence, she was suffering from a
mental impairment that had the effect that she did not know the nature and quality of her actions,
or did not know that the conduct was wrong (she could not reason with a moderate degree of sense and
composure about whether the conduct, as perceived by reasonable people, was wrong).
|