Friday, January 21, 2005

People on trial for murder will no longer be able to use provocation as a partial defence, under changes announced today by Acting Premier, John Thwaites, and Attorney General, Rob Hulls.

Mr Thwaites said an accused killer would not be able to argue he or she was provoked to kill and have the level of responsibility reduced from murder to manslaughter.

He said the law of provocation no longer had a place in a modern, civilised society.

"The partial defence of provocation was developed when the offence of murder carried the mandatory death penalty," Mr Thwaites said.

"It also harks back to an era when it was acceptable, especially for men, to have a violent response to an alleged breach of a person's honour."

Murder carries a maximum penalty of life imprisonment, while manslaughter carries a maximum penalty of 20 years.

Mr Hulls said the laws had often been criticised for excusing or condoning male aggression towards women.

"I have today accepted 2500 letters calling for the reform of the defence of provocation from Jane Ashton, the sister of Julie Ramage," he said.

"In future, this defence will not be available to a jury."

Mr Hulls said the defence was often sought to reduce murder to manslaughter by men who killed partners or ex-partners out of jealousy or anger.

He said the abolition of provocation was a key recommendation from the Victorian Law Reform Commission's Defences to Homicide Final Report received in November. The VLRC was asked to review defences and excuses to the crime of homicide, such as provocation, in September 2001.

"I referred defences to homicide to the Commission because I considered the laws of provocation and self defence had not altered over the years to keep pace with a changing society," Mr Hulls said.

The Commission also made recommendations in relation to self defence. The Bracks Government will actively consider these and other recommendations and further announcements will be made later in the year. It's expected legislation will be amended in relation to the defence of provocation later this year.

View the original media release.