Review of particular criminal defences
The Queensland Government has asked us to examine and make recommendations about particular defences in the Criminal Code:
- self-defence in sections 271 and 272
- provocation as a defence to assault in sections 268 and 269
- provocation as a partial defence to murder in section 304
- the partial defence to murder of killing for preservation in an abusive domestic relationship in section 304B, and
- domestic discipline in section 280.
We are asked to recommend if any changes are needed to reform the law, practice or procedure concerning those defences, including if:
- self-defence should be made simpler and clearer
- self-defence should be expanded to cover circumstances when a victim-survivor of domestic or family violence acts reasonably to protect themselves from a perpetrator
- self-defence should continue to distinguish between provoked and unprovoked assaults and whether it should be limited to circumstances of assault against a person
- the defence of provocation to assault should be repealed
- the partial defence to murder of provocation should be repealed.
As recommended by the Women’s Safety and Justice Taskforce, the terms of reference require us to consider the mandatory penalty of life imprisonment for murder, specifically:
- the impact of the mandatory penalty on the operation of the defences, and
- whether the mandatory penalty should be removed.
Terms of Reference
The terms of reference from the Attorney-General are available for download.
Community attitudes survey
When is it ok to defend yourself using violence? Is it ok to respond violently when provoked? We asked leading academics from the Australian National University to conduct an independent study to help us understand community attitudes. They surveyed 2500 Queenslanders and held focus groups with 58 members of the Queensland community.
On 28 November 2024 we published the Community attitudes to defences and sentences in cases of homicide and assault in Queensland: Research Report 1 and the supporting Fact Sheet.
Key Findings 1: Most community members do not blame victims for their abuse or have attitudes which minimise domestic and family violence. 2: Individual attitudes and knowledge about domestic and family violence influenced whether people thought domestic and family violence defendants should have a defence. 3: The community does not support provocation as a defence to assault if there is a risk of significant injury. 4: Aboriginal and Torres Strait Islander participants had different views about defendant culpability than non-Indigenous participants in a small number of scenarios. 5: Community attitudes align with traditional rules of self-defence, and participants were able to weigh relevant factors to assess culpability. 6: The community support alternatives to criminal prosecution where parents use minimal force to discipline children. 7: The community supports teachers’ ability to use force for the purpose of management or control but not for discipline or correction. 8: The community does not support provocation defences where the defendant’s conduct is motivated by anger, jealousy, or a desire for control, particularly in cases involving domestic and family violence 9: The community expects individualised criminal justice responses to the use of lethal violence. 10: There was strong community support for partial and complete defences and consideration of abuse for victim-survivors of DFV who kill an abusive partner. 11: There was some support for a partial defence of excessive self-defence. 12: The community does not support the mandatory penalty of life imprisonment for murder. The community expects sentencing to reflect the culpability of murder defendants. |
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Webinar
On 2 December 2024, we hosted the Community attitudes to defences in cases of homicide and assault in Queensland – Survey findings webinar.
Watch the recording below. You can also access the presentation here.
Project timeline
The review started on 15 November 2023.
We are releasing a series of background papers to provide information on topics relevant to the review and prompt discussion.
A consultation paper will be published in February 2025. It will include questions for consultation and ask for submissions.
Our final report with recommendations and draft legislation will be given to the Government by 1 December 2025.
More information
If you would like more information on the criminal defences review, email: qlrc-criminaldefence@justice.qld.gov.au .
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