Published Thursday, 10 July, 2008 at 02:20 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Accident Discussion Paper Normal Practice: Shine
The release of a discussion paper by the Queensland Law Reform Commission on the defence of accident is normal practice, Attorney-General and Minister for Justice Kerry Shine said today.
“This discussion paper by the QLRC will explore issues which were raised by stakeholders responding to the Government’s discussion paper on the issue and it is right that the QLRC seeks further input on these important matters,” Mr Shine said.
“The terms of reference specifically asked the QLRC to consult on this issue.
“The first paper only dealt with the defence of accident as it related to murder and manslaughter, the QLRC’s discussion paper has asked for an analysis of the general application of the excuse of accident in relation to all other offences, and the outcome of any proposal to change the section.”
“Another is the issue of jury directions and it will also consider any alternative offence.”
Mr Shine said the defence of accident has been an important part of our criminal law for centuries.
“Any change to the law requires careful consideration. That is why the Government referred this matter to the Queensland Law Reform Commission, which is best placed to give it the consideration it deserves.
“Every other jurisdiction that has examined the defence of accident has referred it to the relevant Law Reform Commission.
“For example a similar process has been followed by the Victorian Law Reform Commission in a report which considered provocation, self-defence, necessity insanity and domestic violence issues.
Mr Shine said the Bligh Government had referred the issue to the QLRC after reviewing the use of the defence of accident in murder and manslaughter trials and the partial defence of provocation in murder trials.
“We reviewed 80 murder trials and 20 manslaughter trials and what we found was that there were very few occasions where either accident or provocation were the only defences to be considered by juries,” he said.
“On most occasions juries had other defences to consider in addition to accident or provocation.”
“It’s clear these new issues need to be carefully considered before any decision is made on a change of law.”
Media Contact: Troy Davies 3239 6400 or 0488 799 273
“This discussion paper by the QLRC will explore issues which were raised by stakeholders responding to the Government’s discussion paper on the issue and it is right that the QLRC seeks further input on these important matters,” Mr Shine said.
“The terms of reference specifically asked the QLRC to consult on this issue.
“The first paper only dealt with the defence of accident as it related to murder and manslaughter, the QLRC’s discussion paper has asked for an analysis of the general application of the excuse of accident in relation to all other offences, and the outcome of any proposal to change the section.”
“Another is the issue of jury directions and it will also consider any alternative offence.”
Mr Shine said the defence of accident has been an important part of our criminal law for centuries.
“Any change to the law requires careful consideration. That is why the Government referred this matter to the Queensland Law Reform Commission, which is best placed to give it the consideration it deserves.
“Every other jurisdiction that has examined the defence of accident has referred it to the relevant Law Reform Commission.
“For example a similar process has been followed by the Victorian Law Reform Commission in a report which considered provocation, self-defence, necessity insanity and domestic violence issues.
Mr Shine said the Bligh Government had referred the issue to the QLRC after reviewing the use of the defence of accident in murder and manslaughter trials and the partial defence of provocation in murder trials.
“We reviewed 80 murder trials and 20 manslaughter trials and what we found was that there were very few occasions where either accident or provocation were the only defences to be considered by juries,” he said.
“On most occasions juries had other defences to consider in addition to accident or provocation.”
“It’s clear these new issues need to be carefully considered before any decision is made on a change of law.”
Media Contact: Troy Davies 3239 6400 or 0488 799 273