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.
In less than a year, the Australian LNG landscape has gone from a feeling of euphoria to one of increasing negativity and pessimism. There is no doubt that the pendulum of sentiment tends to overshoot both extremes – the scale of the exuberance of 2010-2012 was, in hindsight, unjustified and unprecedented in the global LNG arena. Similarly, the pervasive pessimism today may be self-destructive if left unchecked. However, I will argue that some degree of caution is the prudent strategy when facing increasing uncertainty, and may be better for the long term competitiveness of the Australian LNG industry.
THE community outrage at the fact Adrian Bayley was free to kill Jill Meagher is justified. But the focus of the outrage shouldn't be on the parole board for not rescinding Bayley's parole (for offending while on parole). It should be on the fact Bayley was given only 11 years' jail with a minimum of eight years for the brutal rape of five women, after having been jailed previously for rape.
That an offender could be imprisoned for as little as eight years for gratuitously and violently stripping five women of their sexual integrity highlights the catastrophic failings of our sentencing (anti)-system.
This article was first published at The Conversation on the 29th May 2013
For the full article, please see: https://theconversation.com/legitimising-lethal-male-violence-why-defens...
This article was first published at The Conversation on the 24th April 2013.
Yesterday, the NSW parliamentary Select Committee on the Partial Defence of Provocation released its final report. The report contains a set of recommendations for reforming a defence that has long attracted criticism.
This opinion piece first appeared in the Sydney Morning Herald on 20 February 2013.
On Wednesday, the Select Committee of the NSW Parliamentary Inquiry into the partial defence of provocation will release its final report recommending reform to a law that has long animated debate and attracted criticism.
We are surprisingly poor judges how a particular event will make us feel into the future. In other words, we rely on how we feel right now to predict how we might feel about something later. Psychologists call it affective forecasting.
As Spain’s Operacion Puerto trial neared the end of its second week, the Australian Crime Commission has released a report that exposes what it calls widespread doping in many Australian sports along with links to organized crime involved in the supply of doping products and match fixing. This report follows up the USADA Armstrong case and further exposes the lie peddled in the Anglo American world that doping in sport is something that only happens somewhere else, for example in European countries like Spain or in sports like cycling.
Parents of babies born severely premature or with serious abnormalities are turning to the courts in a bid to override medical opinion to commence or continue life-sustaining treatment for their infants.
If the goal of product disclosure statement (PDS) is to help consumers make the most appropriate choices, we have to start with the consumer, rather than the document.
So, when we think about consumers, decision-making, and even consumer protection, we need to understand how people decide, and the processes they use to understand information.