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

IdiotSavant 16 Feb 2009 00:03

I've linked to the LawCom report and copied in their bill (retitled; they called it the "Crimes (Abolition of Defence of Provocation) Amendment Bill").

It should indeed be a government bill. But one way of achieving that would be to have someone throw it in the ballot in order to embarass them. It worked for sedition…

AnitaNZ 16 Feb 2009 03:15

I've written to the Minister to see if there is already something in train and/or whether it can be progressed as a government bill.

Re:

IdiotSavant 16 Feb 2009 03:44

And I've chucked it at Grant Robertson to see whether he wants to take it as a member's bill (or knows anyone else who would).

Update

AnitaNZ 25 Feb 2009 06:13

Last week I got an acknowledge from the Minister's Office.

Today I got a letter from the Minister's Private Secretary saying that officials are looking into it.

Re: Update

IdiotSavant 03 Mar 2009 10:45

Meanwhile, Labour's Rainbow caucus is committed to putting a bill before the House, but has a couple of hoops to jump through first (meaning getting it cleared with everyone else, most likely).

If the government acts first, great. Otherwise, the opposition will shame them into doing it.

Re:

AnitaNZ 27 Mar 2009 22:23

The response from the Minister:

As you will be aware, during the first 100 days of this Government, we have been busy implementing a number of legislative amendments aimed at addressing issues of crime, and especially violent crime, in our society. However, I am aware of and interested in the Law Commission's recommendations with regard to provocation. Further, I expect to consider these proposals later this year, and will assess, at that stage, how any reforms of this nature might fall within the Government's current legislative priorities.

Last edited on 27 Mar 2009 22:24 by AnitaNZ Show more

Re:

Ari54 27 May 2009 20:19

So, have they lost the file, or are they trying to find it?

;)

Re:

IdiotSavant 28 May 2009 00:05

Lianne Dalziel is taking it.

Re:

uroskin 05 Mar 2009 02:06

Not only New Zealand needs this law amending, Spain does too: http://joemygod.blogspot.com/2009/03/spain-gay-panic-defense-wins-acquittal.html