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Which of the following is a partial defence to a crime in NSW? A - HSC - SSCE Legal Studies - Question 10 - 2023 - Paper 1
Question 10
Which of the following is a partial defence to a crime in NSW? A. Consent B. Duress C. Necessity D. Provocation
Worked Solution & Example Answer:Which of the following is a partial defence to a crime in NSW? A - HSC - SSCE Legal Studies - Question 10 - 2023 - Paper 1
Step 1
Which of the following is a partial defence to a crime in NSW?
Answer
In New South Wales (NSW), the correct answer to the question regarding which option serves as a partial defence to a crime is:
D. Provocation.
Explanation
Provocation is recognized in NSW law as a partial defence that can reduce a charge of murder to manslaughter if the accused was provoked by the victim into a loss of self-control. This defence acknowledges that while the unlawful act committed may have been intentional, the circumstances surrounding the act might mitigate the severity of the charge.
Other Options
- A. Consent: While consent can be a defence in some cases (like in certain sports), it does not fit the criteria for a partial defence to murder.
- B. Duress: This is a complete defence that may result in an acquittal rather than reducing the charge.
- C. Necessity: Similar to duress, this also serves more as a justification rather than a partial defence.
This illustrates the importance of understanding the nuances of criminal law in NSW.