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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 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
Appendices

The report can be downloaded below. A print version can also be mailed free of charge within Victoria. Contact the commission on 03 8619 8619 or email law.reform@lawreform.vic.gov.au for a copy.

 

 

 

 

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Author:	Victorian Law Reform Commission
Place of Publication:	Melbourne
Publisher:	Victorian Law Reform Commission
Date of Publication:	November 2004
Number of Pages:	416
Copyright:	Victorian Law Reform Commission, 2004