General Defences to Crime (VCE SSCE Legal Studies): Flashcards

Self-def, mental impair, duress, emerg, automatism, intox, accident

General = wide range; specific = particular offences only

Prosecution must disprove beyond reasonable doubt

Special verdict: not guilty by reason of mental impairment

Accused must prove it (reverses normal burden)

Four elements must all be present

Total loss of control over bodily movements, no conscious awareness

Must be non-self-induced (not voluntary consumption)

Unfit = at trial time; mental impair = at offence time

Guilty mind - mental intention required for criminal responsibility