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 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 for a copy.

Related Project: 
FinalReport.pdf (1.15 MB)
Place of publication: 
Publisher : 
Victorian Law Reform Commission
Date published: 
01 Nov 2001
Number of pages: 

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