9. CHESTER BORROWS (National—Whanganui) Link to this
to the Minister of Justice
What changes is the Government proposing to the partial defence of provocation?
Hon SIMON POWER (Minister of Justice) Link to this
Today the Government has introduced the Crimes (Provocation Repeal) Amendment Bill, which will abolish the partial defence of provocation provided for in section 169 of the Crimes Act. There are fundamental problems with the application of the partial defence of provocation. Historically, the reason for this provision was to avoid the mandatory murder penalty, which was originally capital punishment. As I have stated previously, provocation enables defendants to besmirch the character of victims and it effectively rewards a loss of self-control.
What impact will the proposed repeal of the partial defence of provocation have on those who are battered and those with mental impairments?
I am advised by the Law Commission that the defence of provocation is rarely relied upon by the victims of battering; in fact, it is more likely to be used by the perpetrators of battering. In appropriate cases, though, self-defence would be available to the victims of battering. I am further advised that the mentally impaired are generally precluded from relying upon the partial defence of provocation, as provocation requires that the defendant has the power of self-control of an ordinary person.