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The Law Reform Commission has been asked by the Attorney-General to review the excuse of accident under s 23(1)(b) of the Criminal Code (Qld) and the partial defence of provocation under s 304 of the Criminal Code (Qld).
The review mainly focuses on the operation of these provisions in murder and manslaughter trials, having particular regard to the results of the audit commissioned by the Attorney-General in 2007 into homicide trials which raised the excuse of accident or the partial defence of provocation as an issue for the jury. The Commission is also required to consider whether these provisions reflect community expectations.
The Commission has also been asked to review:
- the complete defence of provocation for assault offences under sections 268 and 269 of the Criminal Code (Qld);
- the use of alternative counts to charges of manslaughter, including whether s 576 of the Criminal Code (Qld) should be redrafted;
- whether there is a need for new offences, for example assault occasioning grievous bodily harm or assault causing death; and
- whether the current provisions dealing with the excuse of accident and the complete and partial defences of provocation are readily understood by a jury and the community.
Click here to see the Commission’s complete terms of reference.
In June 2008, the Commission released a Discussion Paper examining the excuse of accident. In August 2008, the Commission released a further Discussion Paper examining the full and partial defences of provocation. The Commission invites submissions from the public on the issues raised in that paper. The closing date for submissions is 8 September 2008.
The Commission will present its final report to the Attorney-General by 25 September 2008.
Updated 15 August 2008
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© The State of Queensland (Queensland Law Reform Commission) 2006.