Victoria's New Defense to Homicide Laws

In this essay, the author

• Explains that victoria's defensive homicide laws have been viewed as more equal and accessible since the abolishment of provocation.
• Explains that victoria and nsw shared similar defences to homicide, including that of provocation, but it was abolished in victoria through the introduction of the crimes (homicide) act.
• Explains that the provocation must be such that it could cause an ordinary person to lose self-control and act in a manner which would encompass the actions of the accused.
• Explains that nsw retains the defence of provocation, despite controversy surrounding the issue, while victoria now has the defense of self-defence and the new sentence of defensive homicide.
• Explains that self-defence is a complete defence for murder if all the required conditions are satisfied.
• Explains that nsw currently has three partial defences to murder, that of provocation, substantial impairment and excessive self-defence. they recognize and make a concession for human frailty.
• Explains that provocation operates in a similar manner to that which previously operated in victoria, with the same principles needing to be considered to give an verdict of manslaughter.
• Explains that substantial impairment operates in cases where the accused suffers from a mental impairment not severe enough to raise the defence of mental illness but still substantially impairs the offender at the time of the homicide.
• Opines that victoria's new defence to homicide laws haven't necessarily been seen as effective, but they are viewed as a fairer and modern defence.
• States that the victorian law reform commission, defences to homicide: final report, report no 94 (2004), 23 [2.8].
• Explains kellie toole's book, "self-defence and the reasonable man: equality before the new victorian law".
• States judicial commission of nsw (2006) partial defences to murder in new south wales 19902004, 52.
• Opines that kate fitz-gibbon, ‘provocation in new south wales: the need for abolition’ (2012) 45(194) australian & new zealand journal of criminology 194.
• Explains that provocation existed under common law in victoria until 2005, as a partial defence to murder. provocation could only operate if the defendant's intention to kill was not pre-meditated.
• Explains that provocation is a defence that has been in existence since the 16th century, and was developed due to the existence of the death penalty.
• Explains that victoria's defences for homicide were altered from common law to statute following the introduction of the crimes (homicide) act in 2005.
• Explains that the question to be asked in zecevic v director of public prosecutions is whether the accused believed upon reasonable grounds that it was necessary in self-defence to do what he did.
• Explains that defensive homicide was created with the intention of providing a fairer sentence for women who kill within an abusive relationship.
• Explains that although the abolition of provocation in victoria was successful, the replacement offered has been much criticized since it entered into existence.
• Cites elizabeth a sheehy, julie stubbs, and julia tolmie's book, 'defending battered women on trial'.
• Explains kate fitz-gibbon and sharon pickering's book, "homicide law reform in australia: from provocation to defensive hominicide and beyond."
• Cites fogarty, fitz-gibbon, and hubble on the subject of domestic violence. department of justice, review of defensive homicide.