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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 the context of criminal law in New South Wales (NSW), a partial defence is a legal argument that can reduce the liability of a defendant when they commit a crime.
Among the options provided:
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A. Consent: While consent can play a role in certain legal defenses (especially in assault cases), it is generally not categorized as a partial defence to a crime.
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B. Duress: This is known as a complete defence to criminal charges where the accused was forced to commit an act against their will due to threats of harm.
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C. Necessity: Similar to duress, necessity can operate as a defence but more commonly relates to situations where the defendant had to act in a way that may otherwise be criminal to prevent a greater harm.
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D. Provocation: In NSW, provocation is recognized as a partial defence, particularly in homicide cases, where the accused was provoked to lose self-control, leading them to commit the crime in a moment of passion.
Therefore, the correct answer is D. Provocation.