The Defences to Homicide: Final Report was tabled in Parliament on 18 November 2004.
The report recommends:
- abolition of the partial defence of provocation
- re-introduction of the partial defence of excessive self-defence
- introduction of the defences of duress and necessity
- changes to evidence allowed in homicide trials
- changes to the mental impairment defence
- changes to ‘by consent’ hearings
- culpability be taken into account at sentencing.
Below is an outline of the chapters:
Executive Summary and Recommendations
Chapter 1: Background to the Report
Chapter 2: Provocation
Chapter 3: Self-Defence, Duress and Necessity
Chapter 4: Evidence of Relationship and Family Violence
Chapter 5: People with Mentally Impaired Functioning who Kill
Chapter 6: Infanticide
Chapter 7: Sentencing
The report can be downloaded below. A print version can also be mailed free of charge within Victoria. Contact the Commission on 03 8608 7800 or email email@example.com for a copy.