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Defences to Homicide

The Victorian Government has introduced significant reforms to homicide laws, through changes to the Crimes Act. The changes include that provocation as a defence to murder has been abolished and a new offence of ‘defensive homicide’ has been created .

These changes were introduced in October 2005. They were based on a report by the Victorian Law Reform Commission. See the Defences to Homicide Final Report, the Options Paper, and the earlier Issues Paper on the Victorian Law Reform Commission website under 'Publications' or 'Completed Projects' www.lawreform.vic.gov.au

DVRCV has welcomed these changes.

Background

Download an article from DVRCV's newsletter that outlines DVRCV's response. See also flow chart (relates to the article)

Introduction from the article in our Newsletter:

Whether it is men or women who kill in domestic homicides, overwhelmingly it is a result of a history of men’s violence against women. While women are more likely to kill to save their own lives, men are more likely to kill out of jealousy and control, most often when women try to leave the relationship. It is imperative that homicide law addresses this social reality.

The Domestic Violence Resource Centre Victoria (DVRCV, formerly DVIRC) welcomes the final report of the Victorian Law Reform Commission (VLRC) into defences to homicide which was launched by Attorney General Rob Hulls on November 18 th 2004. The consistent message of the package of recommendations in the report is that gender inequity inherent in the current law needs to be addressed...click here to download the full article

More information

Defences to Homicide program transcript: ABC Radio National - The Law Report 16 August 2005. www.abc.net.au
Interviews with Pauline Spencer, a lawyer in the community legal sector, and long-time advocate for Heather Osland (Heather was recently released from gaol after serving time in prison for killing her violent husband); Jane Ashton, sister of Julie Ramage who was killed by her husband; David Neal, former Victorian law reform commissioner; and Marcia Neave from the Victorian Law Reform Commission.

Read about Victorian laws and the use of the 'provocation' defence in the 2004 case of the murder of Julie Ramage by her estranged husband. 'Ban Ramage Defence, Report Urges' (The Age, Nov 19, 2004).

Heather Osland is a woman who was released from prison in 2005 after serving over nine years for killing her violent husband. See the Release Heather Osland webpage.

Statistics on domestic homicides can be found on the Australian Institute of Criminology website

 

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