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Where am I now? Lawlink > Law Reform Commission > Publications > Index (Text only)

Report 82 (1997) - Partial Defences to Murder: Diminished Responsibility

Index (Text only)


Defence of mental illness see also Diminished responsibility -

consequences of acquittal on grounds of - 3.8

definition - 3.7

Diminished responsibility

availability of in Australia - 3.2, 3.15

burden of proof for - 3.6, 3.106-3.108

compulsory disclosure of intention to plead - 3.96-3.98

definition - 3.5-3.6

historical development - 3.2

mental illness, distinction from defence of - 3.7-3.8, 3.59

relevance of expert evidence to - 3.38, 3.41-3.42, 3.57, 3.63

Infanticide - 1.1-1.2, 2.6, 3.22-.3.24

Intellectual disability

diminished responsibility and people with an - 3.9, 3.50

treatment of prisoners with an - 3.110

Manslaughter

discretionary sentence for - 2.11

distinction from murder - 2.3-2.4

involuntary - 2.7

maximum penalty for - 2.3, 3.6, 3.111

sentencing options for - 3.110

voluntary - 2.6

Mentally ill prisoners see also Sentencing

treatment of - 3.110, 3.114-3.116

Murder

constructive murder - 2.8

definition of - 2.3-2.5

discretionary sentence for - 2.12-2.13

distinction from manslaughter - 2.3-2.4

mandatory sentence for - 2.11-2.12

maximum penalty for - 2.3, 2.12

Partial defences to murder - 1.2, 2.6

Provocation - 1.1-1.2, 2.6, 3.16

Sentencing see also Murder, Manslaughter

hospital order as alternative to imprisonment - 3.112-3.113

mental impairment as mitigating factor in - 3.10, 3.111

protection of community - 3.111

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