Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 304
Killing on provocation
304 Killing on provocation
(1) When a person who unlawfully kills another under circumstances which, but
for the provisions of this section, would constitute murder, does the act
which causes death in the heat of passion caused by sudden provocation, and
before there is time for the person’s passion to cool, the person is guilty
of manslaughter only.
(2) Subsection (1) does not apply if the sudden
provocation is based on words alone, other than in circumstances of an
(3) Also, subsection (1) does not apply, other than
in circumstances of an exceptional character, if—
(a) a domestic
relationship exists between 2 persons; and
(b) one person unlawfully kills
the other person (the
"deceased" ); and
(c) the sudden provocation is based on anything done by the
deceased or anything the person believes the deceased has done—
(i) to end
the relationship; or
(ii) to change the nature of the relationship; or
to indicate in any way that the relationship may, should or will end, or that
there may, should or will be a change to the nature of the relationship.
Further, subsection (1) does not apply, other than in circumstances of an
exceptional character, if the sudden provocation is based on an
unwanted sexual advance to the person.
(5) For subsection (3) (a), despite
the Domestic and Family Violence Protection Act 2012 , section 18 (6) , a
domestic relationship includes a relationship in which 2 persons date or dated
each other on a number of occasions.
(6) Subsection (3) (c)(i) applies even
if the relationship has ended before the sudden provocation and killing
(7) For proof of circumstances of an exceptional character mentioned
in subsection (2) or (3) regard may be had to any history of violence that is
relevant in all the circumstances.
(8) For proof of circumstances of an
exceptional character mentioned in subsection (4) , regard may be had to any
history of violence, or of sexual conduct, between the person and the person
who is unlawfully killed that is relevant in all the circumstances.
(9) On a
charge of murder, it is for the defence to prove that the person charged is,
under this section, liable to be convicted of manslaughter only.
(10) When 2
or more persons unlawfully kill another, the fact that 1 of the persons is,
under this section, guilty of manslaughter only does not affect the question
whether the unlawful killing amounted to murder in the case of the other
person or persons.
(11) In this section—
"unwanted sexual advance" , to a person, means a sexual advance that—
unwanted by the person; and
(b) if the sexual advance involves touching the
person—involves only minor touching.
Example: patting, pinching, grabbing or
brushing against the person, even if the touching is an offence against
section 352 (1)(a) or another provision of this Code or another Act
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