QLRC To Consider Murder and Manslaughter Defences
Published Wednesday, 14 May, 2008 at 02:00 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
The Government has asked the Queensland Law Reform Commission to review the excuse of accident for murder and manslaughter trials and the partial defence of provocation for murder trials, Attorney-General and Minister for Justice Kerry Shine said today.
“There has been a lot of publicity about violence in our community in recent years and we want to make sure our laws reflect community expectations,” Mr Shine said.
“Last October the Government released a discussion paper following an audit of murder and manslaughter trials over the previous five years which determined the frequency of use of the accident excuse or the defence of provocation.
“We received 34 submissions to the discussion paper and after careful consideration the Government has decided to refer this matter to the Queensland Law Reform Commission.”
Mr Shine said he has provided the QLRC with a terms of reference to consider.
“In particular I have asked the QLRC to consider the results of the audit and to look at whether the current excuse of accident reflects community expectations.
Mr Shine also asked the QLRC to look at:
• Whether the partial or complete defence of provocation should be abolished or recast to reflect community expectations.
• Whether the use of alternative counts to the charge of manslaughter, such as assault and grievous bodily harm, should be redrafted.
• If there is a need for new offences, such as assault occasioning grievous bodily harm or assault causing death and if these could apply where accident would otherwise be a complete excuse to murder or manslaughter.
• And whether current provisions are readily understood by juries and the community.
Mr Shine said he has asked the QLRC to, where appropriate, consult with stakeholders and provide a report to his office by 25th September, 2008.
“Once I receive the report it will be carefully considered before I take recommendations to Cabinet, which will make a final decision on whether changes to the laws are required.”
Media Contact: Troy Davies 3239 6400 or 0488 799 273
“There has been a lot of publicity about violence in our community in recent years and we want to make sure our laws reflect community expectations,” Mr Shine said.
“Last October the Government released a discussion paper following an audit of murder and manslaughter trials over the previous five years which determined the frequency of use of the accident excuse or the defence of provocation.
“We received 34 submissions to the discussion paper and after careful consideration the Government has decided to refer this matter to the Queensland Law Reform Commission.”
Mr Shine said he has provided the QLRC with a terms of reference to consider.
“In particular I have asked the QLRC to consider the results of the audit and to look at whether the current excuse of accident reflects community expectations.
Mr Shine also asked the QLRC to look at:
• Whether the partial or complete defence of provocation should be abolished or recast to reflect community expectations.
• Whether the use of alternative counts to the charge of manslaughter, such as assault and grievous bodily harm, should be redrafted.
• If there is a need for new offences, such as assault occasioning grievous bodily harm or assault causing death and if these could apply where accident would otherwise be a complete excuse to murder or manslaughter.
• And whether current provisions are readily understood by juries and the community.
Mr Shine said he has asked the QLRC to, where appropriate, consult with stakeholders and provide a report to his office by 25th September, 2008.
“Once I receive the report it will be carefully considered before I take recommendations to Cabinet, which will make a final decision on whether changes to the laws are required.”
Media Contact: Troy Davies 3239 6400 or 0488 799 273