Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 304B
Killing for preservation in an abusive domestic relationship
(1) A person who unlawfully kills another (the
"deceased" ) under circumstances that, but for the provisions of this section,
would constitute murder, is guilty of manslaughter only, if—
deceased has committed acts of serious domestic violence against the person in
the course of an abusive domestic relationship; and
(b) the person believes
that it is necessary for the person’s preservation from death or grievous
bodily harm to do the act or make the omission that causes the death; and
the person has reasonable grounds for the belief having regard to the
abusive domestic relationship and all the circumstances of the case.
"abusive domestic relationship" is a domestic relationship existing between 2
persons in which there is a history of acts of serious domestic violence
committed by either person against the other.
(3) A history of acts of
serious domestic violence may include acts that appear minor or trivial when
considered in isolation.
(4) Subsection (1) may apply even if the act or
omission causing the death (the
"response" ) was done or made in response to a particular act of
domestic violence committed by the deceased that would not, if the history of
acts of serious domestic violence were disregarded, warrant the response.
Subsection (1) (a) may apply even if the person has sometimes committed acts
of domestic violence in the relationship.
(6) For subsection (1) (c) ,
without limiting the circumstances to which regard may be had for the purposes
of the subsection, those circumstances include acts of the deceased that were
not acts of domestic violence.
(7) In this section—
"domestic violence" see the Domestic and Family Violence Protection Act 2012 ,
section 8 .
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