The South Australian Legislative Review Committee is conducting an inquiry into the Criminal Law Consolidation (Provocation) Amendment Bill 2013 introduced by Greens MLC, Tammy Franks. The Bill seeks to amend the Criminal Law Consolidation Act 1935 (SA) so that the partial defence to provocation cannot be used to reduce a charge of murder to manslaughter where the defendant claims to have killed in response to a ‘homosexual advance’. Kellie Toole, Professor Ngaire Naffine, Associate Professor Alex Reilly and Emeritus Fellow Ian Leader-Elliot of the Adelaide Law School wrote in support of the Bill, but urged the Parliament to commence a broad review of provocation with a view to completely abolishing the defence. A copy of the submission is available here.
Public Law and Policy Research Unit scholars make submission to the SA Legislative Review Committee
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