Changes to accident and provocation laws to be considered
Published Wednesday, 01 October, 2008 at 10:36 AM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
The State Government will consider significant changes to Queensland’s Criminal Code after a review of the use of provocation and accident defences in murder and manslaughter trials.
Attorney-General Kerry Shine today took delivery of the Queensland Law Reform Commission’s report A Review of the Excuse of Accident and the Defence of Provocation which recommends several key changes to the way in which criminal trials are conducted.
Mr Shine said the report was commissioned earlier this year after a 2007 departmental audit of murder and manslaughter trials in Queensland over the past five years, which focused on 80 murder trials and 20 manslaughter trials.
He said although the audit had revealed there were very few cases where the excuse of accident and the defence of provocation had been successfully used in jury considerations, it was important to consider whether the provisions in their current form adequately reflected community views.
“It’s critical a modern Criminal Code reflects contemporary community standards and that’s why I referred the departmental review to the Queensland Law Reform Commission,” Mr Shine said.
“The QLRC was asked to consider the results of the department’s audit and identify whether the current excuse of accident and the defence of provocation reflected community expectations.
“The excuse of accident has been a pivotal part of our criminal law for hundreds of years and any change to the law will require careful consideration now that the Commission’s report has been delivered to government.
“But changes to how such matters are prosecuted and defended are important matters that must be given due consideration and this report by the QLRC is a critical step in that process.
“Everyone charged with a crime is entitled to a defence before the courts and among those defences are the accident and provocation defences.
“The Commission’s report explores the key issues which were raised in the 34 submissions received by the department and invited submissions from interested parties and stakeholders.
“Their report recommends that the Criminal Code be amended in relation to provocation so that generally a defence can no longer be raised on the basis that a death occurred because a defendant was verbally provoked and, similarly, provocation cannot be based on a victim’s decision to end or enter a relationship.
“Those are significant amendments which I must now consider and take to Cabinet.”
The Commission’s report, tabled in State Parliament today, recommends the partial defence of provocation to murder contained in Section 304 of the Criminal Code remain, but recommends amendments including:
? A provision that other than in extreme and exceptional circumstances, provocation cannot be based on words alone
? A provision that other than in extreme and exceptional circumstances, provocation cannot be based upon a victim’s choice about a relationship
? Consideration should be given, as a matter of priority, to a separate defence which reflects on the effects of a seriously abusive relationship on a person who commits murder
The report further recommends the excuse of accident provision contained in Section 23 of the Criminal Code should continue to excuse defendants from criminal responsibility where a death occurs by accident.
Mr Shine said Cabinet will consider whether changes to the law as recommended by the report are required.
Media Contact Chris Taylor 0419 710 874
Attorney-General Kerry Shine today took delivery of the Queensland Law Reform Commission’s report A Review of the Excuse of Accident and the Defence of Provocation which recommends several key changes to the way in which criminal trials are conducted.
Mr Shine said the report was commissioned earlier this year after a 2007 departmental audit of murder and manslaughter trials in Queensland over the past five years, which focused on 80 murder trials and 20 manslaughter trials.
He said although the audit had revealed there were very few cases where the excuse of accident and the defence of provocation had been successfully used in jury considerations, it was important to consider whether the provisions in their current form adequately reflected community views.
“It’s critical a modern Criminal Code reflects contemporary community standards and that’s why I referred the departmental review to the Queensland Law Reform Commission,” Mr Shine said.
“The QLRC was asked to consider the results of the department’s audit and identify whether the current excuse of accident and the defence of provocation reflected community expectations.
“The excuse of accident has been a pivotal part of our criminal law for hundreds of years and any change to the law will require careful consideration now that the Commission’s report has been delivered to government.
“But changes to how such matters are prosecuted and defended are important matters that must be given due consideration and this report by the QLRC is a critical step in that process.
“Everyone charged with a crime is entitled to a defence before the courts and among those defences are the accident and provocation defences.
“The Commission’s report explores the key issues which were raised in the 34 submissions received by the department and invited submissions from interested parties and stakeholders.
“Their report recommends that the Criminal Code be amended in relation to provocation so that generally a defence can no longer be raised on the basis that a death occurred because a defendant was verbally provoked and, similarly, provocation cannot be based on a victim’s decision to end or enter a relationship.
“Those are significant amendments which I must now consider and take to Cabinet.”
The Commission’s report, tabled in State Parliament today, recommends the partial defence of provocation to murder contained in Section 304 of the Criminal Code remain, but recommends amendments including:
? A provision that other than in extreme and exceptional circumstances, provocation cannot be based on words alone
? A provision that other than in extreme and exceptional circumstances, provocation cannot be based upon a victim’s choice about a relationship
? Consideration should be given, as a matter of priority, to a separate defence which reflects on the effects of a seriously abusive relationship on a person who commits murder
The report further recommends the excuse of accident provision contained in Section 23 of the Criminal Code should continue to excuse defendants from criminal responsibility where a death occurs by accident.
Mr Shine said Cabinet will consider whether changes to the law as recommended by the report are required.
Media Contact Chris Taylor 0419 710 874