Thu 30 Jul 2009 In: New Zealand Daily News View at Wayback View at NDHA
Just a week after Leanne Dalziel MP sought leave to introduce the Crimes (Abolition of Defence of Provocation) Amendment Bill her private member's Bill was today drawn from Parliament's ballot box. The Bill seeks to amend the Crimes Act 1961, removing the partial defence of provocation, aka gay panic defence, in accordance with a recent recommendation by the Law Commission. The current law allows murder to be reduced to manslaughter if a jury can be convinced the killer has been provoked to the point of reasonably losing self-control. A low level sexual advance by a gay man has historically been sufficent to convince juries that killing the man was an understandable reaction, as seen in this month's trial of Ferdinand Ambach who was found guilty of manslaughter of elderly gay Onehunga man Ronald Brown, rather than guilty of murder. “I am optimistic that all MPs will vote to send the Bill to select committee given that only one MP objected when I recently sought leave to introduce it," says Dalziel. "I will be working with all parties over the next couple of weeks.” “The use of the provocation defence in recent trials has caused justifiable offence and concern. I hope that National will not block its removal again,” Labour's Associate Justice Spokesperson, Charles Chauvel, said. Justice Minister Simon Power, although silent on the outcome of the Ambach trial said after the recent Weatherston trial where provocatiuon was the main defence offered that the Government wants to see the partial defence of provocation wiped from the statutes. Power said the law as it stands effectively "rewards a lack of self-control." Labour's Associate Justice Spokesperson, Chauvel, says he believes there is considerable public support for removing provocation as a defence. But although there seems wide parliamentary support for the change, the Government is known to favour any such change being part of a broader review of the whole Crimes Act. The Bill is expected to have its first reading in just over two weeks' time, on Wednesday 19 August. Ref: Vikki Carter - Press Secretary - Office of Hon Phil Goff
Credit: GayNZ.com Daily News staff
First published: Thursday, 30th July 2009 - 2:48pm