Provocation, NSW Style: Reform of the Defence of Provocation in NSW

Criminal Law Review, Vol. 2014, No. 2, pp. 109-125, 2014

Sydney Law School Research Paper No. 14/19

18 Pages Posted: 27 Feb 2014 Last revised: 15 Jul 2014

See all articles by Thomas Crofts

Thomas Crofts

The University of Sydney Law School

Arlie Loughnan

The University of Sydney Law School

Date Written: February 25, 2014

Abstract

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.

Keywords: provocation, loss of control, criminal law reform, New South Wales

JEL Classification: K10, K14, K30

Suggested Citation

Crofts, Thomas and Loughnan, Arlie, Provocation, NSW Style: Reform of the Defence of Provocation in NSW (February 25, 2014). Criminal Law Review, Vol. 2014, No. 2, pp. 109-125, 2014; Sydney Law School Research Paper No. 14/19. Available at SSRN: https://ssrn.com/abstract=2401348

Thomas Crofts (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Arlie Loughnan

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0246 (Phone)
+61 2 9351 0200 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
813
Abstract Views
1,782
rank
29,651
PlumX Metrics