LLB180 Lecture Notes - Lecture 8: Indictable Offence, Human Frailty, Partial Defence
Document Summary
Partial defence to a charge of murder. The rationale is that a person"s moral culpability is reduced where they kill" after losing self-control under provocation (ag, 2rs on crimes amendment (provocation) bill. Promotes" equality everyone in society must exercise a certain level of self-control. Protects the public by setting a minimum for the required level of self-control. Attempts to apply the law equally to all: (stingel) Significant limiting changes to (1) and (3: provoking conduct. 2014 reforms amended what can qualify as provoking conduct. Any conduct to conduct must constitute a serious indictable offence . Attorney-general (hansard 2014) rationalized that: there is an expectation that people otherwise faced with offensive, insulting or upsetting conduct should not contemplate homicide or inflicting serious injury. Also, so people don"t inadvertently provoke another person to form an intention to kill or seriously injure them. Select committee criticism of the conduct must be a serious indictable offence provision :
