Quick questions on Criminal defences in Queensland: self-defence, provocation and insanity: QCE Legal Studies

Self-defence is governed by the Criminal Code Act 1899 (Qld). Section 271 deals with self-defence against an unprovoked assault, and s 272 deals with self-defence against a provoked assault. In essence, a person may use such force as is reasonably necessary to defend themselves against an assault. The force used must be proportionate to the threat.

Section 24 of the Criminal Code Act 1899 (Qld) provides that a person who acts under an honest and reasonable, but mistaken, belief in a state of things is not criminally responsible to any greater extent than if the real state of things had been as believed. The belief must be both honest (genuinely held) and reasonable (one a reasonable person could hold).

Provocation operates in two ways in Queensland.

Section 304A of the Criminal Code Act 1899 (Qld) reduces murder to manslaughter where the accused was, at the time of the killing, in a state of abnormality of mind that substantially impaired their capacity to understand, to control their actions, or to know they ought not to act. The accused bears the onus on the balance of probabilities.

Saying the accused must prove self-defence. Once self-defence is properly raised on the evidence, the prosecution must disprove it beyond reasonable doubt. The accused does not carry the legal burden.

Distinguish between a complete defence and a partial defence, giving one example of each. [3 marks]

Explain the defence of insanity under the Criminal Code Act 1899 (Qld) and state who bears the burden of proof. [4 marks]

Explain how the burden of proof operates when an accused raises self-defence. [3 marks]