These partial defenses don’t excuse the act of killing, but they do recognise that sometimes there are mitigating circumstances that make the crime less severe than a typical case of murder. At Hodgson Lawyers, we understand the nuances of these defenses and how they might apply in different situations. Our experienced team is dedicated to ensuring that our clients’ stories are heard and that all relevant defenses are thoroughly explored in their case.

1. Provocation (Section 304): This defense applies when a person commits murder in a sudden and intense reaction to provocation. Provocation means something that would cause an ordinary person to lose self-control. For example, if someone is suddenly attacked or insulted in a severe way, and they react immediately by attacking back and accidentally cause a death, this might be considered provocation. In such cases, if the defense is accepted, the charge can be reduced from murder to manslaughter. It’s important to note that the reaction must happen right after the provocation; there can’t be a time gap where the person had time to cool down.

2. Diminished Responsibility (Section 304A): This defense is about the mental state of the accused at the time of the crime. If a person was suffering from an abnormality of mind, significantly impairing their ability to understand what they were doing, control their actions, or know that they should not do the act, this can be used as a defense. This might apply in cases where the person has a severe mental illness or a brain injury that affects their judgment or self-control. If this defense is proven, the charge may be reduced from murder to manslaughter.

3. Killing in an Abusive Domestic Relationship (Section 304B): This defense is specifically for cases where the person who committed the killing was a victim of serious domestic violence by the deceased. If the accused believed their action was necessary to protect their own life from their abuser, this defense might apply. The law recognises the impact of sustained abuse and the extreme situations it can create. This defense acknowledges that sometimes, in these situations, people might react in ways they wouldn’t normally, due to the fear and stress caused by the abuse.