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

Crofts, Thomas and Loughnan, Arlie (2014) Provocation, NSW Style: Reform of the Defence of Provocation in NSW. Criminal Law Review, 2014 (2). pp. 109-125. ISSN 0011-135X

Provocation_NSWStyle_CrimLR_academia.pdf - Accepted Version

Download (312kB) | Preview


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.

Item Type: Article
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Rachel Branson
Date Deposited: 21 Jul 2020 09:00
Last Modified: 31 Jul 2021 11:51

Actions (login required)

View Item View Item


Downloads per month over past year

View more statistics