Homicide law reform, provocation and sentencing

This chapter examines the sentencing principles and practices that have emerged in Victoria since the abolition of the partial defence. In Victoria, we could find only a small number of cases of sentencing for murder where provocation was overtly discussed in the sentencing remarks. The relatively few sentencing remarks in other Australasian jurisdictions where the partial defence has been abolished are also noted. In particular, we examine the gender and family relationships of the defendant and the victim, the nature of the provocative conduct, the extent to which ‘old law’ concepts have been invoked, how the question of justification has been dealt with in relation to victims exercising their lawful/equality rights and whether there have been any changes in sentencing practices attributable to these changes.