Provocation Repeal Amendment Bill Announced

The government has announced a legislative change titled the Crimes (Provocation Repeal) Amendment 64-1 that will remove the defence of provocation.

The defence of provocation, 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 The Bill argues that the provocation defence is outdated and mitigating factors can be dealt with under the Sentencing Act 2002. The Bill is projected to be passed by the end of the year.

The Bill is available at http://www.legislation.govt.nz/bill/government/2009/0064/10.0/DLM2258102...