The special and partial defences to murder have also been criticised, if the mandatory life sentence was abolished, then there would be no need for these defences or even the degrees of murder were introduced, the judge could reflect differing circumstances.
The special and partial defence of diminished responsibility was introduced by Parliament to resolve inadequacies of the law of insanity. Diminished responsibility carries a reversed burden of proof which vreates in justice since the defence must prove that the defendant was suffering from diminished responsibility.
Comments
No comments have yet been made