In the appeal of Chayna (1993) 66 A Crim R 178 (NSWCCA), the jury's original verdict of murder was reduced to manslaughter, by reason of diminished responsibility (substantial impairment). Gleeson CJ noted the confusion caused by expert evidence given for this defence results in:A disadvantage for the accused because they bear the onus of proofA disadvantage for the prosecution because they bear the onus of proofAn advantage for the accused because they bear the onus of proofAn advantage for the prosecution because they bear the onus of proof
Question
In the appeal of Chayna (1993) 66 A Crim R 178 (NSWCCA), the jury's original verdict of murder was reduced to manslaughter, by reason of diminished responsibility (substantial impairment). Gleeson CJ noted the confusion caused by expert evidence given for this defence results in:A disadvantage for the accused because they bear the onus of proofA disadvantage for the prosecution because they bear the onus of proofAn advantage for the accused because they bear the onus of proofAn advantage for the prosecution because they bear the onus of proof
Solution
In the appeal of Chayna, Gleeson CJ noted that the confusion caused by expert evidence given for the defence of diminished responsibility results in a disadvantage for the accused because they bear the onus of proof. This means that the burden of proof lies with the defendant to prove their diminished responsibility, which can be challenging especially when the expert evidence is confusing or complex.
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