The provocation defence

There are proposals to eliminate the defence of provocation for murder charges.

The way it was used to get Phillip Edwards off a murder charge for killing David McNee was outrageous, and by itself is a good reason to get rid of it.

The fact that McNee was working as a male sex worker (a strange occupation for someone who claims to be repulsed by homosexual advances), bludgeoned McNee over 30 times and calmy looted his house and stole his car makes his defence of “homosexual panic” laughable – except he got away with it.

However will throwing out the entire defence of “provocation” be going too far? Have there been cases where such a defence was reasonable? I think it was used in the case of a doctor who killed his wife after she taunted him over her infidelity, and he got manslaughter and then after release provided medical services on the West Coast. Was that a better outcome than murder?

Comments (30)

Login to comment or vote

Add a Comment