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

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