The Defense And Its Reliability

2092 WordsJun 4, 20169 Pages
Criminal law is an aspect of this society where a regulated environment for the people of today can be maintained. Strict rules are hence put in place; however, if they are disregarded, certain punishments are reinforced. Many citizens propose whether the current legal system of balancing rights and justice is being done so effectively. Specifically, the partial defence of provocation is increasingly protested on in terms of its accuracy in providing criminals with a equitable prosecution. The principle initially arose to ensure that a less ‘blameworthy’ person who was involved in an act of murder would not face the mandatory death penalty. However, as the death penalty has been removed from Australia’s law system, people question whether provocation is required as a defence in current societal backgrounds. Queensland, in particular, currently retains the partial defence with many sentences being reduced from murder to manslaughter. In order to evaluate the defence and its reliability, the criminal code as well as specific cases will be discussed. In doing so, recommendations will then be formulated in terms of whether the defence should be maintained within today’s communities. The Criminal Code is an essential component within Queensland, where it is utilized to document all criminal law in a certain jurisdiction. Section 269 of the code incorporates specific details regarding the defence of provocation. In this, it states that a person is not criminally responsible for
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