General
South Australia becomes final state to abolish ‘gay panic’ murder defence
South Australia has become the last state to abolish the so-called “gay panic” provocation defence, with legislation passing State Parliament today.
Key points:
- The gay panic defence allows a charge of murder to be downgraded to manslaughter in certain circumstances
- South Australian Parliament has abolished it
- Queensland was the second to last state to get rid of it
The defence could previously be used by a criminal court to downgrade a charge of murder to one of manslaughter in certain circumstances, including where a defendant could prove they were provoked to violence by a homosexual advance.
South Australia’s Law Reform Institute scrutinised the gay panic defence in two reports, before recommending in 2018 that it be abolished by the…
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