JSB176 Lecture Notes - Lecture 3: Gay Panic Defense, Culpable Homicide, Partial Defence
JSB176 Criminal Law in Context
Week 4 Lecture Notes
Self-Defence and Provocation
The State and Violence
The state is designed to provide security for citizens and protect them from harm. It
defines what violence is legally permissible; however, the state has a monopoly on the
legitimate use of violence.
Framing Violence
There are many ways in which violence can be perceived. It can seen as symbolic
violence, considering harm, indirect versus direct violence, indifference versus
intention and perceived dangers and violence.
Homicide
• Culpable homicide: deliberate and planned
• Murder: intentionally killing by a person who is deemed to be sane and of an
age to be legally responsible for the act.
• Manslaughter: satisfy the same elements of murder but there are mitigating
circumstances such as involuntary (resulting from negligence) and voluntary
(killing of another while deprived of power of self-control).
Provocation
Provocation is a partial defence to murder and usually result in a conviction of
manslaughter. It assumes that someone kills in response to victim’s provocation
conduct and so is less culpable than someone who kills in intentionally.
Self-Defence
• The right to lawfully defend oneself, other and (some) property against
unlawful attacks
• Complete defence, including to a change of murder
• In many jurisdictions the harm needs to be immediate
• The degree of force should not be excessive proportionality
Defensive Homicide
• Was introduced in Victoria in 2005, after the abolition of the partial defence of
provocation to avoid disadvantaging those who killed in the aftermath of
prolonged family violence
• Was to be used where a person believes that lethal violence was necessary to
defend themselves or another but it is shown they had ‘no reasonable grounds’
for this belief
Document Summary
The state is designed to provide security for citizens and protect them from harm. It defines what violence is legally permissible; however, the state has a monopoly on the legitimate use of violence. There are many ways in which violence can be perceived. It can seen as symbolic violence, considering harm, indirect versus direct violence, indifference versus intention and perceived dangers and violence. Provocation is a partial defence to murder and usually result in a conviction of manslaughter. It assumes that someone kills in response to victim"s provocation conduct and so is less culpable than someone who kills in intentionally. Self-defence: the right to lawfully defend oneself, other and (some) property against unlawful attacks, complete defence, including to a change of murder, the degree of force should not be excessive proportionality. In many jurisdictions the harm needs to be immediate. Gay-related homicide: the gay panic defence and hate crimes.
