Homicide law reform in New South Wales: examining the merits of the partial defence of 'extreme' provocation

Abstract

The partial defence of provocation has long attracted controversy and animated law reform in Australia and elsewhere. In June 2012, debate surrounding the provocation defence reignited in New South Wales following the trial and sentencing of Chamanjot Singh for manslaughter (by reason of provocation). In the wake of Singh, the NSW Legislative Council established a Select Committee to undertake a review of the partial defence of provocation. This article builds on the work done by the NSW Select Committee on the Partial Defence of Provocation in 2013. In doing so, it examines the merits of the newly formulated partial defence of 'extreme' provocation and argues that NSW would be better placed to repeal provocation as a partial defence and transfer its consideration to sentencing. It is argued that by reforming sentencing guidelines for murder in NSW, the law may be able to move beyond the problems traditionally associated with the provocation defence and more adequately respond to the gendered nature of homicide.