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| THE DEFENCE OF PROVOCATION |
Victorians on trial for murder will no longer be able to use provocation as a defence under law reforms to be soon implemented.
Provocation as a defence has historically been a means for a person (predominantly men) to have a murder charge reduced to manslaughter. The defence of provocation dates back to an era when it was acceptable, especially for men, to respond to challenges to a person’s honour with violence. It was also a time when the offence of murder carried a mandatory death penalty.
In November 2004 the Supreme Court acquitted James Ramage of murder after finding he had been provoked prior to the murder by his wife’s disparaging comments about him and his sexual prowess. James Ramage was instead convicted of the lesser offence of manslaughter and sentenced to 11 years jail. The resulting public outcry from this case led to the early announcement of the revocation of the defence of provocation for future murder trials. |
| Posted 26 Oct 2005 |
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