Bligh Government proposes new defence for domestic violence victims

Attorney-General and Minister for Industrial Relations
The Honourable Cameron Dick
26/11/2009
Bligh Government proposes new defence for domestic violence victims
 
The Bligh Government has introduced legislation that provides a new partial defence for victims of serious domestic violence who kill their abuser.

Attorney-General and Industrial Relations Minister Cameron Dick introduced the Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment Bill 2009 into Parliament today.

Mr Dick told Parliament that the new defence was the first of its kind in Australia and would provide victims of serious abuse with legal protection.

He said the proposed laws had been developed after detailed consideration of the issue by the government, the Queensland Law Reform Commission, academics and other key stakeholders in the judiciary, the legal profession and the community.

"This research found that victims of seriously abusive relationships often commit offences in circumstances that fall outside existing defences, such as self defence and provocation," he said.

Mr Dick said the B ill included safeguards to ensure the defence would only be available to victims of abuse under particular circumstances, such as where:
•    the person killed was in an abusive domestic relationship with the accused and had committed acts of serious domestic violence against the accused in the course of that relationship
•    at the time of the killing, the accused believed his or her acts were necessary to avoid death or grievous bodily harm
•    there were reasonable grounds for this belief, having regard to the abusive relationship and all the circumstances of the case.
"The government recognises that domestic violence is a serious issue for our community and condemns all forms of domestic violence," Mr Dick said.

"This defence will be available for victims of serious domestic violence and where all the necessary criteria for its use have been met.

"It won't excuse victims but it does broaden the court's sentencing options. The defence is framed in a way that will ensure it is reserved for genuine victims and not misused.

"Our proposed legislation represents an effective balance between necessarily punishing those who would otherwise be guilty of murder, and providing some legal protection for victims of serious abuse."