Just, clear and modern: reformed criminal defences for Queensland
| Attachment | Size |
|---|---|
| Just, clear and modern: volume 1 | 10.57 MB |
| Just, clear and modern: volume 2 | 762.46 KB |
A final report on the review of criminal defences in the Criminal Code in Queensland. The Commission was asked to examine self-defence, provocation to assault, killing on provocation, killing for preservation in an abusive domestic relationship and domestic discipline. The Commission was also asked to consider reforms to practices or procedures relating to those defences or excuses as well as the mandatory penalty of life imprisonment for the offence of murder.
The report recommends reforms to key defences in the Criminal Code to make them simple, clear and modern and to support just outcomes. Many of the laws recommended for reform have been part of the Criminal Code since it was enacted in 1901. Many of the provisions are largely in their original form, although their interpretation by courts has developed over time.
The report makes 36 recommendations for reform to:
- reform the law of self-defence, compulsion, duress and domestic discipline to make the defences modern, simple and clear and to support just outcomes, including in the domestic and family violence (DFV) context
- reframe provocation by repealing the defences and providing for its consideration as a factor in sentencing consistent with contemporary values and standards
- enable judges to decide eligibility for parole for persons convicted of murder, to reflect contextual factors relevant to the offence and offender
- educate the community about the law reforms and support people and communities to comply with the laws
- improve practice and procedure to facilitate the effective and efficient administration of justice
- increase safeguards for DFV victim-survivors and other people who may face additional barriers to engaging in the criminal justice system or accessing justice
- ensure accountability through monitoring and review of reforms.
