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The Victorian Law Reform Commission in Defences to Homicide, Final Report (2004) has recommended that “the partial defence of provocation should be abolished” and that “the partial excuse of diminished responsibility should not be introduced in Victoria”
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The Victorian Law Reform Commission in Defences to Homicide, Final Report (2004) has recommended that "the partial defence of provocation should be abolished" and that "the partial excuse of diminished responsibility should not be introduced in Victoria". "Gender bias" in the operation of these "partial defences" was one of the reasons given for both of these recommendations. Do you think the "gender bias"argument justifies the Commission's recommendations? Introduction Provocation is one of the most common defence raise by the accused in domestic homicide cases. When juries accept the defence of provocation, it can return a verdict of manslaughter instead of murder. The trend in recent domestic homicide cases1 has reflected juries are less sympathetic towards the accused and likely to reject the provocation as partial defence. Likewise the Victorian Government has also taken a stringent approach towards those defendants who invoked provocation as a tool to mitigate their sentence. As discussed in...
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