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Where am I now? Lawlink > Law Reform Commission > Publications > Report 82 (1997) - Partial Defences to Murder: Diminished Responsibility
Report 82 (1997) - Partial Defences to Murder: Diminished Responsibility Table of Contents
OVERVIEW THE COURSE OF THE REFERENCE OUTLINE OF THIS REPORT
2. THE MURDER/MANSLAUGHTER DISTINCTION IN UNLAWFUL HOMICIDE OVERVIEW THE EXISTING FRAMEWORD FOR UNLAWFUL HOMICIDE Murder Voluntary manslaughter Involuntary manslaughter "Constructive murder" PROPOSAL FOR REFORM OF UNLAWFUL HOMICIDE Arguments for abolition of the murder/manslaughter distinction Abolition of mandatory sentencing for murder Conflict in assigning legal and moral culpability Artificiality of distinction Arguments against abolition THE COMMISSION'S CONCLUSION
3. THE DEFENCE OF DIMINISHED RESPONSIBILITY INTRODUCTION CURRENT OPERATION OF THE DEFENCE IN NEW SOUTH WALES RETENTION OF THE DEFENCE OF DIMINISHED RESPONSIBILITY Infanticide and the defence of diminished responsibility Trials by judge alone REFORMULATION OF DIMINISHED RESPONSIBILITY Problems with the current formulation Problems in applying the defence in practice: Chayna's case Abnormality of mind The causes of the abnormality Substantial impairment of mental responsibility The Commission's reformulation "Abnormality of mental functioning arising from an underlying condition" "Capacity to understand, judge or control" "Substantial impairment as to warrant reducing murder to manslaughter" Distinguishing diminished responsibility from the defence of mental illness The ultimate issue rule The Commission's reformulation in practice: Chayna's case revisited Diminished responsibility and intoxication The existing law on intoxication and diminished responsibility The position under the Commission's reformulation The scope of the defence PROCEDURAL ASPECTS OF THE DEFENCE Use of an alternative forum: the Queensland model Presentation of expert evidence Disclosure of adverse expert evidence Defence disclosure, compulsory assessment, and the right to silence Disclosure by the accused of an intention to plead diminished responsibility Requirement to submit to expert's assessment Indictments for manslaughter by reason of diminished responsibility Burden of proof SENTENCING OF DIMINISHED RESPONSIBILITY OFFENDERS
APPENDIX A: SUBMISSIONS RECEIVED
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