Bill to Remove Provocation as Partial Defence

Labour MP Charles Chauvel has drafted a Member’s Bill that will seek to remove the partial defence of provocation.

The defence of provocation, part Section 169 of the Crimes Act 1961, is currently only available in homicide cases. When the partial defence of provocation is pleaded successfully, it reduces a murder charge to manslaughter on the basis that the killer has been provoked to the point of depriving them of the power of self-control.

The Bill argues that the provocation defence is outdated and mitigating factors can be dealt with under the Sentencing Act 2002.

Member’s bills have to wait to be chosen through the ballot system before they can be introduced to parliament.

The bill is available at http://blog.labour.org.nz/wp-content/uploads/2009/07/crimes-abolition-of...

The Crimes Act 1961 is available at http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html

Support for the removal of the partial defence of provocation has also come from the Law Commission in a 2007 report. The full report is available at: http://www.lawcom.govt.nz/UploadFiles/Publications/Publication_138_366_R...