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NSW parliamentary inquiry recommends partial reform to provocation law
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.
The committee’s final report shies away from closing the door on provocation completely. It recommends a model of reform that retains but restricts this controversial partial defence.
The report is the result of an inquiry that was formed last June in response to community outrage surrounding the trial and sentencing of Chamanjot Singh, who was convicted for killing his wife, Manpreet Kaur.
Practical Lessons, Fair Consequences
The Victorian Department of Justice recently released a discussion paper calling for community input into the design and implementation of diversion programs for young people engaged in the criminal justice system.
Unlike many jurisdictions in Australia, Victoria has not adopted a legislative, court-based diversion scheme for addressing crime committed by children and young people. The state has also seen limited investment in diversionary programs and an overreliance on discretionary police cautions. For young people in rural and regional areas, access to diversion programs and support services is especially limited.