To the Honourable Jeff Shaw QC MLC
Attorney General for New South Wales

Dear Attorney

Partial Defences to murder: Diminished responsibility

We make this final Report pursuant to the reference to this Commission dated 17 March 1993.

Michael Adams QC
Chairman

Professor Brent Fisse
Commissioner

The Hon Justice Peter Hidden AM
Commissioner

The Hon Justice David Hunt
Commissioner

Professor David Weisbrot
Commissioner

May 1997

Terms of Reference

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the then Attorney General, the Hon John P Hannaford MLC, referred the following matter to the Law Reform Commission by letter dated 17 March 1993:

• to review the partial defences of infanticide, provocation and diminished responsibility under s22A, 23 and 23A of the Crimes Act 1900 (NSW) respectively;
• to develop proposals for reform and clarification of the substantive elements of the defences.

The Law Reform Commission is constituted by the Law Reform Commission Act 1967. For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:

Mr Michael Adams QC

Professor Brent Fisse*

The Hon Justice Peter Hidden AM

The Hon Justice David Hunt

Professor David Weisbrot

(* denotes Commissioner-in-Charge)

Officers of the Commission

Executive Director

Mr Peter Hennessy

Ms Rebecca Kang

Ms Fiona Manning

Ms Beverley Caska

Ms Julie Freeman

Ms Zoya Howes

Ms Suzanna Mishhawi

Ms Rachel Way