Defence Of Provocation

Words: 820

Pages: 4

Open Document

Provocation is a defence which can be used to downgrade sentencing from murder to manslaughter, using the defence that the victim provoked them into the crime. Although in some cases, the intent to kill is evident, guilty offenders can still reduce jail time. Currently, Queensland is the only state that continues to allow this law as a defence. Queensland should follow the footsteps of the other states and abolish the defence of provocation, as it is being frequently misused by guilty murderers to diminish jail time. The defence of provocation should be abolished as if there is the intention to kill, then it should not be named something else when someone acts due to loss of self control.

Provocation is defined as any wrongful act or insult of such a nature as to be likely when done to an ordinary person to deprive the person of the power of self-control, and to induce the person to assault the person by whom the act or insult is done or offered (http://www.courts.qld.gov.au/__data/assets/pdf_file/0011/86096/sd-bb-84-provocation-ss-268-269.pdf). For provocation to be used as a defence to downgrade a charge from murder to manslaughter, accused must prove, that it was a provocative incident, or something was said to the accused causing a retaliation. Queensland is the only state which continue to allow provocation as defence, as …show more content…
Every other state has abolished provocation so why does Queensland not follow their footsteps? Too many murderers are being lightly treated because of this defence. There are many cases where the defence is being abused such as the Maryborough case where the gay panic defence has been misused to reduce jail time. If the defence is not abolished then we will continue to see guilty murders escape the jail sentences they

Abolition Of Partial Defence

Abolition of Partial Defences Historically, partial defences developed in common law to mitigate the punishment of murder. When capital punishment and mandatory life sentences were deemed as appropriate penalties for murder, partial defences operated to alleviate the harshness of the penalty, as well as reducing the criminal culpability from murder to manslaughter. However the evolution of the contemporary criminal justice system has abolished these mandatory punishments in NSW. Furthermore, Judges…

Words 885 - Pages 4

Loss Of Control: Gender Analysis

I will be discussing gender bias in regards to the defence of loss of control. I will be discussing and arguing against the abolition of the loss of control defence and reformation of the law on provocation. Loss of control is a partial defence that can be used if the defendant (D) kills the victim (V) resulting from “(a) a loss of self-control, (b) the loss of self-control had a qualifying trigger, and (c) a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the…

Words 875 - Pages 4

Defence Of Criminal Law

defendant is charged with murder but can successfully rely on one of the two partial defences to murder, their crime can be reduced to voluntary manslaughter. Voluntary manslaughter is where a partial defence to murder is successfully pleaded. The partial defences to murder can only be raised where the defendant has been charged with murder, not any other charge including involuntary manslaughter. The two partial defences to murder are; loss of control and diminished responsibility. A defendant is convicted…

Words 4918 - Pages 20

The Elements of Criminal Liability Essay

Provocation: the accused may claim provocation or a loss of self-control. While this is not a full defence to most crimes, provocation is said to affect an individuals' mens rea. With out full mens rea, the severity or seriousness of an offence is reduced. For example, if a person accused of murder claims to have been…

Words 2392 - Pages 10

JURI 3246 Literature Review Essay

previously as criminal insanity, now it is known as not criminally responsible on account of mental disorder. Although not categorized as defenses, there are other mental disorders correlating to criminal offences committed by women in relation to their defences and sentencing. Mental health disorders such as postpartum psychosis, premenstrual syndrome (PMS), post-traumatic stress disorder (PTSD), rape trauma syndrome and battered women syndrome are found in relation to women who have been tried for criminal…

Words 2451 - Pages 10

Essay about Case Law

the risk of some harm, not necessarily serious harm Adomako – manslaughterr by gross negligence includes reckless manslaughter Homicide Unlawful Killing Williams and Beckford- mistaken genuine belief in facts, which if true, would justify self- defence is an excuse to a crime of personal violence because the belief negatives the intent to act…

Words 550 - Pages 3

The Importance Of Criminal Law

voL.5 NO. l0 NOV 20il niio$ By Mohan Dholl, Legol Studies Teocher, PLC Croydon, NSW Critrle - Evidence and Defences The State has much power and the citizens of a State must be protected fiom the arbirary abuse of power by the State. The law enforcemenr arm of the State can detain people suspected of criminal actMq', can EVIDENCE ACT I 995 - SECT l4l - Criminat proceedings: standard of proof interrogate, can lay charges and can bring matters before the courts. Given the dispariry…

Words 1649 - Pages 7

Halliday V Canes Law

It is argued by some that the way in which Scots criminal law draws the distinction between murder and culpable homicide is unsatisfactory. Some say that the scope of murder is too narrow and that the scope of culpable homicide is too wide. It is necessary to discuss how the crimes of murder and culpable homicide are treated in Scots law, by analysing how the law is applied in cases involving murder and culpable homicide. Macdonald states “murder is constituted by any wilful act causing the destruction…

Words 2242 - Pages 9

Essay on Unit 3

u Law unit 3 Section A - criminal law (offences against the person) [pic] ➢ Non-fatal offences against the person ➢ Fatal offences against the person ➢ Defences ➢ Critical evaluation of law on the offences against the person Summary of non-fatal offences:- |Crime |Actus Reus |Mens Rea |Cases | |Assault |Causing the victim to fear |Intention…

Words 3486 - Pages 14

Essay on McInnes 4e Ppt Ch04

Torts Chapter 4 Overview  Intentional Torts  Interference with person    Trespass to land Interference with chattels   Assault and battery, invasion of privacy, false imprisonment, malicious prosecution Trespass, conversion, detinue Defences to Intentional Torts: complete and partial Managing the Law, 4e Copyright © 2014 Pearson Canada Inc. Chapter 4-2 Intentional Torts   Occur when a person intentionally acts in certain ways, rather than merely acting careless Meaning of “intention”…

Words 1861 - Pages 8