The Federation Press

Partial Excuses to Murder

Overview

Sixteen papers on provocation, diminished responsibility, excessive self-defence and intoxication described in the Adelaide Law Review as:

“a comprehensive and illuminating view of the four defences”

Other publications agree:
“Those of us who must defend in the cold aftermath of a killing would do well to have a copy of this book handy.”ACT Law Society Newsletter
“There is a healthy balance between theoretical perspective and practical application.” - Victorian Law Institute Journal

Table of Contents

Introduction

What are Partial Excuses of Murder?
Suzanne Uniacke

Provocation

Provocation: Partial justification, not partial excuse
Finbarr McAuley
The Abolition of Provocation
Matthew Goode
Provocation of Self-Defence for Battered Women Who Kill?
Julia Tolmie
Provocation in New Zealand: A characteristic solution
Bernard Brown
Contemporary Provocation Law: Is substantially impaired self-control enough?
Stephen James Odgers

Diminished Responsibility

Still Crazy After All These Years: A critique of diminished responsibility
David Fraser
Diminished Responsibility: ’Abnormal’ minds, abnormal murderers and what the doctor said
Jill Hunter and Jenny Bargen
Diminished Responsibility: The expert witness’ viewpoint
Susan C Hayes

Excessive Self-Defence

Applying Excuse Theory to Excessive Self-Defence
Stanley Meng Heong Yeo
Excessive Self-Defence in Australia: Change for the worse?
Paul Ames Fairall
Excessive Defence in Irish Law
Finbarr McAuley

Intoxication

Manslaughter and Intoxication
David Lanham
Intoxication Defences: The Australian perspective
Ian D Leader-Elliott
Medical Aspects of Intoxication
Loane Skene

Overview

Partial Excuses and Critical Assumptions: The judgment of Hindsight AJ in Rex v DPP
Brent Fisse

Table of Cases/ Index

Of interest...