The following links will give detail about them, especially the
report to the AG below…..
Here are some helpful
links:
The following was the
announcement that the former government was going to make changes to the
law. This government never got to do
this and then the present government has decided not to make such changes
the two cases you are
looking for are looked in the following report below. In this report the expert
committee recommend further changes. I don’t think this even goes far enough
but it shows the problems and expounds the two cases I refer to…
the high court of
Australia expounded on the homosexual advance in this precedent case, and the
problems with this archaic defence are ably summed up by the dissenting opinion
of Justice Kirby…
In the Australian
state of Victoria the legislature has removed the defence of provocation
entirely because of concerns such as the ones we have been raising… and they
put in a special section to cover family violence: the following documents show that many of the
arguments raised by the Queensland government are disingenuous because the
Victorian reforms have dealt with them rather effectively.
one
problem in Queensland is that we have mandatory life sentence for Murder
convictions and the Victorian law does not but it still deals with many of the same issues and comes up with solid solutions. Also, we submit that this does
not justify a defence that basically allows for people to lose it and lash
out. The only acceptable defence for
homicide is self defence, not provocation.
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