This article was first published in the Sydney Morning Herald on 21 April 2014.
Following last week’s resignation of Barry O’Farrell and the appointment of Mike Baird as premier, it is now time to get back to the key criminal justice issue in NSW: the prevention of alcohol-fuelled violence.
An article published this week in the latest issue of Criminology and Criminal Justice reveals judicial and legal practitioner support for the abolition of the mandatory life sentence in the English criminal justice system. This blog post provides an overview of the research findings, access the full article here.
Provocation is a partial defence to murder, which has attracted controversy and critique in every Australian criminal justice system except South Australia … until now.
Courtesy of concerns surrounding the ‘gay panic’ defence, South Australia has joined the provocation debate and has already begun to take steps to minimising the application of this controversial law.
Provocation is a partial defence to murder which where successfully raised reduces what would otherwise be murder to manslaughter. A reduction in culpability that has a significant impact in sentencing. It is based on the premise that a degree understanding should be afforded to those who lose their self-control and perpetrate lethal violence in response to provocative conduct on the part of the victim, or a third party.