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Murder laws need reform
The partial defence of provocation will be abolished and excessive self-defence will be reintroduced if recommendations from the Victorian Law Reform Commission are adopted.
The Commission released its Defences to Homicide Final Report today, containing 56 recommendations about defences and evidence allowed in homicide trials.
“We received many suggestions about reforming the partial defence of provocation, but we decided the best response would be to abolish it,” the Commission’s Chairperson Professor Marcia Neave said.
“The defence tends to be used by men who kill their partners or ex-partners out of jealousy or anger. The community does not accept this as a reasonable excuse for murder and our law should reflect this sentiment.
“Our report also addresses family violence victims who kill their abusers, and acknowledges the need for juries, as well as judges and lawyers, to better understand how a history of abuse can result in murder.
“A woman who kills her husband after years of abuse may have limited options available to her under the current law because juries, judges and lawyers generally don’t have a good understanding of what it’s like to live in an abusive relationship.
“Under our recommendations, the court will be able to hear evidence about the nature and extent of the abuse, expert evidence on the dynamics of family violence, and she will have the defence options of self-defence or excessive self-defence.
“We have recommended the definition of self-defence be clarified to recognise that a threat on life which is not immediate, but which the accused believes is inevitable, may support a finding that the accused acted in self-defence. This will better reflect the situation of many victims of long-term abuse.
“The legal defences available to people accused of murder need to reflect the reality of when people kill and why. Homicide law is rooted in the past, reflecting a time when men killed each other, often in duels over matters of honour. Because of this focus on male behaviour, the law effectively discriminates against women and how they react to threats to their safety.
“Our recommendations will not prevent judges from taking provocative circumstances into account at sentencing in appropriate cases.”
For more information see Defences to Homicide Final Report Fact Sheets.