Monday 16 July 2012

From Bad to Worse (update)

It just gets worse. A supporter posted a question on Queensland Premier Mr Campbell Newman's facebook and this is what happened:

Commentator: Question for yourself and your goverment, Why is it acceptable in this day and age in the state of Queensland that in law is the Gay panic defence and in your goverments opinion not necessary to change it. Violence against anyone based on colour, relegion, cultural background or sexual orientation is wrong to anyone with any sort of morales or sense of justice just not in Queensland, yet this is what your agreeing to without looking into an arcahic law that belongs in the 17th century, I am incredibly saddened that the CAN DO Premier thinks that this is acceptable in any way shape or form :(

·         Campbell Newman 
There is no “gay panic” defence - it is a concocted interpretation of Queensland provocation laws. It is important to understand that the defence of provocation is not based on sexuality. In 2011, the laws were amended to ensure words alone do not amount to provocation unless exceptional circumstances exist. The laws were strengthened making provocation as a whole harder to establish as a defence. To date, these strengthened provocation laws have not been used in a murder trial and only took effect in April 2011. The LNP remains tough on crime, however given these laws are yet to be tested, does not intend to make any further amendments to the provocation defence at this time. –Premier’s Team
2 hours ago · Like

Commentator:  If this is the case then what your goverment is allowing as exceptional circumstances over 162 thousand people disagree with you and that number is growing.
29 minutes ago · Like

Paul Kelly Mr Newman, what you have said is not correct. The Gay panic defence is not a concoction of the provocation laws. See the High Court case of Malcom Thomas Green v The Queen [1997] HCA 50. The homosexual advance defence in provocation is real and has been utilised and discussed in many cases. Homosexual advance was brought up in two separate cases in Maryborough within a year in this state. How can you and your government representatives continue to say that this is not a real defence.This is just a very unhelpful distraction. The effect of the law is unbalanced and does not in effect show even application or effect. Saying that it is still to be tested simply means that one will wait for another incident of gay bashing leading to death in which the accused again tries to raise this awful defence.
2 seconds ago · Like

2 comments:

  1. Murder is murder, period. No woman murders a guy or a woman for flirting or come-ons, no matter how rude. No way a guy should be allowed to murder anyone with impunity for such things, even the most base invitations! Otherwise, we women would have murdered about 1000 men in a single lifetime. Men need to be less violent and less thin-skinned, period. About 97% of all violent crime in my country is committed by men, yet women thieves get 100% more time in jail then male murderers. Such prejudice exists because most of the judges are male and complete idiots--even the sober ones.

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  2. This provocation defence belongs in Florida or Texas and not a civilized society. It would seem to allow any group of thugs to kill someone as long as they all swore that 'the victim reached for my junk and promised to XXX me'.

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