provaction

Legislation

s23 of the Crimes Act 1900 (NSW)

Case

In response to R v Singh (2012) 2014 reform added -> s23(2)[b], which requires provoking conduct to be a serious indictable offence ➢ Operation R v Turnbull (2019)

Reforms

ABC Reforms to Homicide Laws (2014) stated that DV perpetrators were using ‘accusations of infidelity’ to ‘justify murder’.

Upholds

Upholds the right to present a defence under (ICCPR 14(3)[d])

SMH

SMH Changing provocation law could legitimise lethal acts of domestic violence (2013) states that the defence “presents significant barriers” for those “who kill in response to prolonged family violence”

Kate

Kate Fitzgibbon Law Professor 2013 stated that the provocation defence is: ➢ “unlikely to protect the very category of defendant for whom the committee recommended retaining it”

University

University of Melbourne Report Examining the Merits of the Partial Defence of Extreme Provocation (2013) states the defence will ‘exclude victims’ as they often ‘don’t report violence to police’