Defences to Homicide

The Defences to Homicide: Report was delivered during a time of unprecedented public interest in the defence of provocation, sparked by the Ramage murder case.

The Commission recommended the abolition of provocation, the re-introduction of excessive self-defence, changes to the self-defence definition and introduction of expert evidence about family violence.

The Crimes (Homicide) Act 2005 implemented the Commission's major legislative recommendations. Under the changes, provocation as a defence to murder has been abolished and a new defence, 'defensive homicide', has been created.

 

  • Reference
  • Consultation
  • Submissions
  • Final report
  • Tabled in parliament

Defences to Homicide - Terms of Reference

  On 21 September 2001 the Attorney-General, the Hon Rob Hulls MP, gave the Victorian Law Reform Commission a reference 1.      To examine the law of...

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Defences to Homicide: Final Report

The Defences to Homicide: Final Report was tabled in Parliament on 18 November 2004. The report recommends: abolition of the partial defence of...

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Defences to Homicide - Recommendations

Provocation 1.   The partial defence of provocation should be abolished. Relevant circumstances of the offence, including provocation, should be...

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