Labor establishes Parliamentary inquiry into provocation
Labor's Helen Westwood moved the private member's motion in the State's Upper House to establish the inquiry into the provocation defence.
"There have been many criticisms of the provocation defence to a murder charge and this parliamentary inquiry will consider whether the defence should be abolished," Shadow Attorney General, Paul Lynch said today.
"The law of provocation provides a partial defence to the charge of murder. If the defence is successful, the accused is convicted of manslaughter rather than murder.
"Labor will ask the inquiry to consider whether the provocation defence should be abolished or alternatively, if the Crimes Act should be amended to ensure that behaviour regarded as provocative is gross enough to properly constitute a partial defence to murder.
"Any change in the law would also have to look closely at self defence provisions, and ensure that there are proper defences available to women in domestic relationships that are subject to long term abuse and violence."
Ms Westwood said: "The community clearly has concerns around the law of provocation. There is no need for the O'Farrell Government to be frightened of changing provocation laws if it is found to be in the public interest."
Tags: community, crime, Helen Westwood, justice, law and order, manslaughter, murder, Paul Lynch