The "provocation" defense in Australia

At the very least, some evidence of the provocation should be required -- instead of just taking the perp's word for it

QUEENSLAND's murder defence of provocation – which sparked heated debate this week following the acquittal of Damian Karl Sebo – was recently abolished in two other states. Victoria abolished provocation in November 2005 as part of a package of changes to homicide defences, following on from Tasmania in 2003.

Queensland Attorney-General Kerry Shine is under mounting pressure to review the defence, following a Supreme Court jury's acquittal at the weekend of Sebo for the murder of 16-year-old Gold Coast schoolgirl Taryn Hunt, in 2005. Sebo pleaded guilty to manslaughter at the start of his six-day trial but argued he was not guilty of murder because he was provoked by his lover's taunts about her unfaithfulness during an argument.

Hunt died in Gold Coast Hospital from severe head injuries two days after being bashed by Sebo in what was described as a split-second, uncharacteristic display of violence. Sebo was jailed for 10 years for manslaughter when the jury returned a not guilty verdict.

Hunt's mother Jennifer Tierney has joined with the Queensland Homicide Victims' Support Group to launch a letter-writing campaign to force the State Government to review and abolish, or at least amend, the legislation. Mr Shine has so far resisted calls to audit cases involving the defence but has asked the Director of Public Prosecutions for a report on the manslaughter conviction, the sentence and the prospect of success on appeal.

Queensland is one of five states and territories to include the partial defence of provocation in its criminal code. Provocation allows that when one person kills another under circumstances which would constitute murder, and does so in the heat of passion caused by sudden provocation and before there is time for his passion to cool, he is guilty of manslaughter only.

The Victorian Government abolished provocation and clarified self-defence to allow a wider use by battered women after James Ramage was acquitted of the 2003 murder of his wife Julie, claiming she teased him about a new lover and taunted him so that he "lost it". He punched, strangled and buried her in a remote location before confessing to police. More than 3000 letters were sent to the Victorian Government after a Supreme Court jury found Ramage had been provoked. He was sentenced to 11 years' jail for manslaughter.

Report here



(And don't forget your ration of Wicked Thoughts for today)