Which of the following is a complete defence to a crime?
(A) Necessity
(B) Provocation
(C) Ignorance of the law
(D) Diminished responsibility - HSC - SSCE Legal Studies - Question 13 - 2013 - Paper 1
Question 13
Which of the following is a complete defence to a crime?
(A) Necessity
(B) Provocation
(C) Ignorance of the law
(D) Diminished responsibility
Worked Solution & Example Answer:Which of the following is a complete defence to a crime?
(A) Necessity
(B) Provocation
(C) Ignorance of the law
(D) Diminished responsibility - HSC - SSCE Legal Studies - Question 13 - 2013 - Paper 1
Step 1
Identify the sub-part: (A) Necessity
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Answer
Necessity is considered a complete defence in certain legal jurisdictions. It occurs when a person commits a crime to prevent a greater harm, thus justifying the act that would typically be considered illegal.
Step 2
Identify the sub-part: (B) Provocation
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Answer
Provocation is generally not considered a complete defence. Instead, it may reduce the liability from murder to manslaughter if the accused was provoked to lose self-control.
Step 3
Identify the sub-part: (C) Ignorance of the law
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Answer
Ignorance of the law is not a valid defence. The principle 'ignorance of the law is no excuse' applies here, meaning individuals are expected to know the law.
Step 4
Identify the sub-part: (D) Diminished responsibility
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Answer
Diminished responsibility can mitigate a charge but does not serve as a complete defence. It often applies in murder cases to argue against full culpability.
