ABSTRACT
The criminal law would be a blunt instrument indeed if there were no defences. Where a defence is raised the defendant admits that the elements of the crime are made out but argues that nevertheless he should not be punished. It may be, for example, that they were acting in self-defence or that they were insane at the time. Before looking in more detail as the defences three important distinctions about defences can be made. First, there is the distinction between a defence and mitigation.
Mitigation is an argument that the defendant should be given a lower sentence than would otherwise be the case, due to the circumstances. For example, the defendant may argue that at the time of the crime he was depressed because his wife had just left him. This would not provide a defence, it would not lead to a conclusion that the defendant was not guilty. But it might lead to a slightly lower sentence. Second, there is the distinction between a partial defence and a
complete defence. Where a partial defence is successfully claimed the defendant is not guilty of the charge she faced, but is found guilty of some lesser charge. In English law all the partial defences operate in relation to murder and have the effect of reducing the charge to manslaughter. A crucial consequence of this is that the defendant does not have to be given the life sentence which automatically
