NCJ Number
224640
Date Published
September 2008
Length
539 pages
Annotation
This report concludes the Queensland Law Reform Commission’s review of excuse-of-accident and the defenses of provocation, both as a partial defense to a charge of murder and as a complete defense to any assault charge under Queensland’s Criminal Code.
Abstract
Although the Commission’s recommendations do not involve the presentation of draft legislation, implementation of its recommendations will require legislative amendment. Regarding excuse-of-accident in section 23 of the Queensland’s Criminal Code, the Commission recommends retention of that portion of the section that excuses a person from criminal responsibility for an event that occurs by accident. The Commission recommends against amending the Criminal Code to include a new offense of unlawful assault occasioning death, and it rejects an amendment to include a new offense of unlawful-and-dangerous-act manslaughter. The Commission further rejects amending the Criminal Code to provide a statutory alternative to manslaughter defined as grievous bodily harm, assault, assault occasioning bodily harm, or any new offense of unlawful assault occasioning death. Regarding the partial defense of provocation, the report notes that the Government has instructed the Commission not to change the existing penalty of mandatory life imprisonment for murder. Given the retention of this penalty, the Commission recommends that the partial defense of provocation to murder contained in section 304 of the Criminal Code be retained, but with recommended amendments. One of the recommended amendments is that the partial defense of provocation cannot be based on words alone or conduct that consists substantially of words, other than in circumstances of an extreme and exceptional character. Neither can provocation be based upon the deceased’s choice of a relationship, other than in circumstances of an extreme and exceptional character. The Commission recommends consideration of a separate defense for battered persons. The Commission’s methodology and mandate are also described.