No Straight Answer: Homophobia as Both an Aggravating and Mitigating Factor in New Zealand Homicide Cases

Elisabeth McDonald "No Straight Answer: Homophobia as Both an Aggravating and Mitigating Factor in New Zealand Homicide Cases" VUWLR 37(2) (2006) pp 223-248.

Victoria University of Wellington Legal Research Paper No. 139

27 Pages Posted: 7 Jan 2015 Last revised: 5 Jun 2021

Date Written: 2006

Abstract

This article discusses recent New Zealand homicide cases in which male defendants have sought to rely on the partial defence of provocation to excuse the killing of a man who allegedly made them the subject of unwanted sexual advances. The author argues that at least in cases in which such claims are unsuccessful, reference should be made to section (9)(1)(h) of the Sentencing Act 2002, which renders homophobia an aggravating feature in sentencing. To the extent that section 9(1)(h) is not relied on, while provocation is successfully pleaded in some cases, the author concludes that gay male citizens are not afforded equal protection under the criminal law.

Keywords: Homophobia, provocation, Sentencing Act, homicide

JEL Classification: K14

Suggested Citation

McDonald, Elisabeth, No Straight Answer: Homophobia as Both an Aggravating and Mitigating Factor in New Zealand Homicide Cases (2006). Elisabeth McDonald "No Straight Answer: Homophobia as Both an Aggravating and Mitigating Factor in New Zealand Homicide Cases" VUWLR 37(2) (2006) pp 223-248. , Victoria University of Wellington Legal Research Paper No. 139, Available at SSRN: https://ssrn.com/abstract=2545586

Elisabeth McDonald (Contact Author)

University of Canterbury ( email )

Ilam Road
Christchurch 8140
New Zealand

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