alioop
Verified Attorney (AU)
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- Jul 19, 2012
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The defence of provocation in Sec 304 Criminal Code QLD has the effect, if successfully proven by the accused, of reducing the conviction of murder to manslaughter and therefore a lesser sentence. It is a partial defence to murder, unlike a full defence like self defence, which would mean a not guilty verdict.
The reason QLD still has the partial defence of provocation, is because we have mandatory life sentencing for murder unlike some other states in Australia. In those states, the circumstances of the murder can be taken into account in sentencing, in effect taking into account any provocation by the deceased person. So they dont need a separate defence of provocation.
Our sec 304 was last year tightened to limit the use of the provocation defence in situations where the provocation is verbal and also in the case where the accused and the deceased were in a relationship and the sudden provocation by the deceased is to end the relationship.
These changes last year will make it very difficult for GBC to use this defence of provocation in my opinion.
The reason QLD still has the partial defence of provocation, is because we have mandatory life sentencing for murder unlike some other states in Australia. In those states, the circumstances of the murder can be taken into account in sentencing, in effect taking into account any provocation by the deceased person. So they dont need a separate defence of provocation.
Our sec 304 was last year tightened to limit the use of the provocation defence in situations where the provocation is verbal and also in the case where the accused and the deceased were in a relationship and the sudden provocation by the deceased is to end the relationship.
These changes last year will make it very difficult for GBC to use this defence of provocation in my opinion.