Closes 30 Sep 2026
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We provisionally propose that when the defendant is charged with first-degree murder and a partial defence is successful, the defendant should be convicted of “murder with a partial defence” in the second tier of the homicide structure, for which the maximum sentence would be life imprisonment (discretionary life sentence).
Do consultees agree?
We provisionally propose that when the defendant is charged with second-degree murder, partial defences should not be available. When the defendant had the intention required for second-degree murder (intention to cause serious injury), circumstances akin to loss of control or diminished responsibility would be considered in mitigation at sentencing.
