Remove the homosexual panic defence

The Law Commission started working on this in 2004 and reported in 2007 but nothing seems to have happened since. It should be an easy draft because we have the LC's recommendation:

The partial defence of provocation should be abolished in New Zealand by repealing section 169 of the Crimes Act 1961; the defendants who would otherwise have relied upon that partial defence should be convicted of murder; and evidence of alleged provocation in the circumstances of their particular case should be weighed with other aggravating and mitigating factors as part of the sentencing exercise.

The only problems are

  1. It should be a government bill (grr)
  2. It would need a less contentious title: "Repeal of the partial defence of provocation"?

Law Comission report: The Partial Defence Of Provocation

Crimes (Repeal of Partial Defence of Provocation) Amendment Bill

Current status: Bill in the ballot

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