Provocation to go?
September 6, 2009Since the Weatherston case in particular, the provocation debate has been given a lot of media coverage. Provocation, a section of the Crimes Act, can reduce a murder charge to manslaughter if successful, but many are concerned it is a defence that is reducing sentences of murderers who were not provoked.
The repeal of this section of the Crimes Act, and section 170, has passed its reading in Parliament, and has been referred to Select Committee.
Victoria University lecturer Dean Knight mentions on his blog the use of provocation in crimes against gays, specifically a recent case where a man was beaten to death, and a banjo handle shoved down his throat, after allegedly making sexual advances toward his killer.
Julia Tolmie, Associate Professor, University of Auckland Law Faculty, believes the defence of provocation has a place in our legal system.
