Last updated: February 26, 2010

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Domestic violence victims could face lesser charges under new kill defence

Domestic violence

The legal change offers abuse victims a partial defence / Alan Pryke Source: The Daily Telegraph

  • Victims of serious abuse get legal protection
  • Change to the law is an Australian first
  • Defence will not excuse victim's crimes

VICTIMS of domestic violence who kill their attackers could face lesser charges.

Politicians have voted to create a partial defence for victims of abusive domestic relationships.

Cameron Dick, Queensland's Attorney-General, said the changes to his state's laws relating to domestic violence victims were an Australian first.

"The new partial defence of 'killing in an abusive domestic relationship' is the first of its kind in Australia and provides victims of serious abuse with legal protection," Mr Dick said.

"It doesn'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."

He said the defence was the result of detailed consideration by government, the Queensland Law Reform Commission, academics, the judiciary, legal profession and the community.

"Research reviewed during the development process 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 safeguards had been built in to ensure the defence was properly used.

They included a requirement that the person responsible for the killing did so to avoid death or grievous bodily harm.

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