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CRIMES ACT 1900 - SECT 23
Trial for murder-partial defence of extreme provocation
23 Trial for murder-partial defence of extreme provocation
(1) If, on the trial of a person for murder, it appears that the act causing
death was in response to extreme provocation and, but for this section and the
provocation, the jury would have found the accused guilty of murder, the jury
is to acquit the accused of murder and find the accused guilty of
manslaughter.
(2) An act is done in response to extreme provocation if and
only if- (a) the act of the accused that causes death was in response to
conduct of the deceased towards or affecting the accused, and
(b) the conduct
of the deceased was a serious indictable offence, and
(c) the conduct of the
deceased caused the accused to lose self-control, and
(d) the conduct of the
deceased could have caused an ordinary person to lose self-control to the
extent of intending to kill or inflict grievous bodily harm on the deceased.
(3) Conduct of the deceased does not constitute extreme provocation if- (a)
the conduct was only a non-violent sexual advance to the accused, or
(b) the
accused incited the conduct in order to provide an excuse to use violence
against the deceased.
(4) Conduct of the deceased may constitute extreme
provocation even if the conduct did not occur immediately before the act
causing death.
(5) For the purpose of determining whether an act causing
death was in response to extreme provocation, evidence of self-induced
intoxication of the accused (within the meaning of Part 11A) cannot be taken
into account.
(6) For the purpose of determining whether an act causing death
was in response to extreme provocation, provocation is not negatived merely
because the act causing death was done with intent to kill or inflict
grievous bodily harm.
(7) If, on the trial of a person for murder, there is
any evidence that the act causing death was in response to extreme
provocation, the onus is on the prosecution to prove beyond reasonable doubt
that the act causing death was not in response to extreme provocation.
(8)
This section does not exclude or limit any defence to a charge of murder.
(9)
The substitution of this section by the
Crimes Amendment (Provocation) Act 2014 does not apply to the trial of a
person for murder that was allegedly committed before the commencement of that
Act.
(10) In this section-
"act" includes an omission to act.
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