murder. In this case the accused, Mr Cheatham stabbed his wife, three old year old daughter and three month old daughter numerous times.

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Introduction

In this case the accused, Mr Cheatham stabbed his wife, three old year old daughter and three month old daughter numerous times. His wife and older daughter died from their wounds but skilled surgery managed to save the life of his three-month-old daughter.

The prosecution would want to try the accused for two counts of murder (of his wife and older child) and one count of attempted murder (the younger child). However, the accused may be able to argue the defence of insanity, or in the alternative, diminished responsibility, which would result in either acquittal or a murder conviction being reduced to manslaughter.

Firstly what the prosecution must prove to gain a conviction on the charges will be discussed. Secondly what the defence must prove in order to escape conviction will be discussed. Last of all the two different cases will be assessed and which case appears to be the stronger side will be suggested.

The relevant jurisdiction has been assumed to be the Australian Capital Territory, and all referred legislation references in this paper are Crimes Act 1900 (ACT) unless otherwise specified.

1.

MURDER

In order for the accused to