“Battered person” defence to be introduced into Queensland law

Legal defence for people who commit murder or manslaughter as a result of domestic and family violence will be considered by the State Government in a significant reform to the state’s Criminal Code.

Attorney-General Kerry Shine said State Cabinet would consider plans to amend the Criminal Code to introduce a new defence in homicide trials to defendants classified as “battered persons”.

Mr Shine said Cabinet had approved work to commence on developing the groundbreaking amendments to ensure the defence is available to people who had been subject to family violence and seriously abusive relationships.

He said the decision came after a recommendation contained in the Queensland Law Reform Commission’s report The Excuse of Accident and the Defence of Provocation which was delivered to government last month.

“The report broadly recommends no change to the excuse of accident and a number of changes to the partial defence of provocation,” Mr Shine said.

“Significantly, it recommends the government give priority consideration to the development of a separate defence for battered persons and notes that it should reflect the effects of a seriously abusive relationship on a battered person.

“The report also notes that the defence be available to both adults and children and that it not be gender-specific.

“It’s not unusual for a homicide case to come before the courts that is the result of on-going abuse within a relationship, often for considerable periods of time.

“But until now existing defences to homicide may not have been sufficient in scope for people who have killed in the context of an abusive relationship.

“This is an important change that allows juries to specifically consider the impact that domestic violence or serious abuse in a relationship may have upon a person. This new defence does not mean that charged people will be automatically acquitted.

“However one result might be that a person in this situation who can successfully raise such a defence could be convicted of manslaughter rather than murder.

“Where currently juries may often make decisions based only on compassion, these amendments will allow juries to make decisions based on both compassion and the letter of the law.”

Mr Shine said the QLRC would begin consultation with all stakeholders in Queensland’s legal community to ensure the best outcome was achieved.

“It’s critical that everyone who has an interest or a concern in relation to this very important change get involved.

“The Criminal Code as it is was written more than 100 years ago and in that time, Queensland society has evolved and we live in very different social circumstances.

“The community expects the Code to reflect a modern and diversified society and it’s not acceptable that a person who may have been the victim of family violence has no right to raise an appropriate defence if that situation results in a death.”

The Law Reform Commission’s report made key recommendations in two other critical areas in relation to the defence of provocation – that the defence can no longer be raised on the grounds of a victim’s decision to end or enter a relationship and that a verbal provocation defence no longer applies in murder and manslaughter defences.

“Both of those recommendations will also be taken into consideration and the government will announce its decision in relation to those matters before the end of the year,” Mr Shine said.

Media Contact Chris Taylor 0419 710 874