Tue 27 Nov 2007 In: New Zealand Daily News View at Wayback View at NDHA
National MP Christopher Finlayson has backed up the Law Commission’s call for the law which allows for ‘gay panic’ defence to be reviewed, suggesting that such reform be considered in a comprehensive review of the relevant Crimes Act. Under current law, an advance by a gay person can be considered provocative enough to at least partially justify a physical attack on that person. This defence is currently available to be presented in court. The Commission’s recommendation would only allow provocation to be considered during sentencing. Finlayson, a gay man, says the partial defence of provocation law is "ripe for reform," but before any change he would first like to see a guideline on provocation which is being worked on by the Commission’s Sentencing Establishment Unit. "I think the Law Commission has done a good piece of work on the partial defence of provocation," Finlayson said today, but he believes a broader review of the the Crimes Act 1961 is preferable to "the government’s piecemeal approach to law reform."
Credit: GayNZ.com News Staff
First published: Tuesday, 27th November 2007 - 1:28pm