TY - JOUR
T1 - Provocation, NSW style
T2 - reform of the defence of provocation in NSW
AU - Crofts, Thomas
AU - Loughnan, Arlie
PY - 2014
Y1 - 2014
N2 - Following a high profile and controversial case in which the defendant successfully invoked the provocation defence, the NSW Government established a select parliamentary committee to review the defence and its operation. The Committee recommended that the current defence be "relabelled" a defence of "gross provocation", which was structured substantially along the lines of the reform recommended by the Law Commission for England and Wales in 2004. The NSW Government has recently responded with a different proposal for a partial defence of "extreme provocation". This article critically evaluates the proposed reform of the provocation defence in NSW.
AB - Following a high profile and controversial case in which the defendant successfully invoked the provocation defence, the NSW Government established a select parliamentary committee to review the defence and its operation. The Committee recommended that the current defence be "relabelled" a defence of "gross provocation", which was structured substantially along the lines of the reform recommended by the Law Commission for England and Wales in 2004. The NSW Government has recently responded with a different proposal for a partial defence of "extreme provocation". This article critically evaluates the proposed reform of the provocation defence in NSW.
UR - http://www.scopus.com/inward/record.url?scp=84930243860&partnerID=8YFLogxK
UR - https://www.scopus.com/record/pubmetrics.uri?eid=2-s2.0-84930243860&origin=recordpage
M3 - RGC 21 - Publication in refereed journal
SN - 0011-135X
VL - 2014
SP - 109
EP - 125
JO - Criminal Law Review
JF - Criminal Law Review
IS - 2
ER -