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- Title
REASSERTING THE PLACE OF OBJECTIVE TESTS IN CRIMINAL RESPONSIBILITY: ENDING THE SUPREMACY OF SUBJECTIVE TESTS.
- Authors
Hemming, Andrew
- Abstract
The article presents information on the public safety measures regarding reckless murder at common law and also constructive murder in the Australian States. Two court cases Director of Public Prosecutions v Smith and R v Caldwell with reference to the objective tests of criminal responsibility are dicussed. Information on the objective tests for the purpose of provocation and self-defense in Australia is also presented.
- Subjects
PUBLIC safety laws; MURDER; COMMON law; CRIMINAL liability; OBJECTIVE tests; SELF-defense (Law); PROVOCATION (Law); AUSTRALIAN states
- Publication
University of Notre Dame Australia Law Review, 2011, Vol 13, p69
- ISSN
1441-9769
- Publication type
Article