Law Commission report, 2007, 98

This Law Commission report reviews the law relating to the Partial Defence of Provocation in cases of murder (section 169 of the Crimes Act 1961). The Law Commission first recommended the repeal of the partial defence of provocation in 2001 in Some Criminal Defences with Particular Reference to Battered Defendants (NZLC R73). At that time the Commission also recommended the abolition of the mandatory life sentence in favour of a sentencing discretion in murder cases. The government abolished the mandatory life sentence in 2002. In 2004 the Law Commission was asked by the government to consider some further issues relating to how repeal of section 169 might prejudice mentally ill or impaired offenders and battered defendants, typically battered women. This report addresses those issues. From 2004 the Law Commission carried out further research and consultation within the legal profession, with all affected government agencies, and experts and interest groups outside of government, including mental health professionals and various women's groups. The commission again concludes that section 169 of the Crimes Act 1961 should be repealed, thereby abolishing the partial defence of provocation in New Zealand. The Commission argues that it will be preferable for provocation to be dealt with by judges solely as a sentencing issue.

nz