NSW Committee inquire into the 'gay panic' defence

Monday 27 August 2012 @ 11.30 a.m. | Judiciary, Legal Profession & Procedure

Debate has been sparked once again over the controversial provocation or 'gay panic' defence. Two Qld cases in 2010 and 2011 successfully used the provocation defence to reduce charges from murder to manslaughter. The defendants alleged that the victim made an unwanted homosexual advance. The defence has created controversy and mobilized gay and lesbian lobbyists nationwide.

The recent success  of the defence in Queensland has meant that in 2011 a government pledge was created to amend the Queensland Criminal Code to make it clear that this is no longer a legitimate excuse for horribly violent acts. A change in government however has meant there is now no commitment for reform in Queensland.

In NSW however, a select committee has been established to inquire into provocation in NSW, and is currently accepting submissions.

For further information and to make submissions, click here.

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