QLRC reviewing criminal defences

The Queensland Law Reform Commission (QLRC) has released its first background paper for its review of particular criminal defences.

The Queensland Government has asked the QLRC to review self-defence; provocation as a defence to assault and as a partial defence to murder; the partial defence to murder of killing for preservation in an abusive domestic relationship; and domestic discipline.

Commission Deputy Chair, Judge Tony Rafter SC, said the background paper outlined the current law and explained the review’s focus.

“It also identifies some particular issues the Commission will look at in the review, including whether the defences are clear and easy to understand and apply, remain fit for purpose and meet contemporary community expectations, and whether any changes to the defences are needed to better reflect circumstances involving domestic or family violence, including coercive control,” he said.

“Also included in this first background paper is a summary of relevant recommendations and findings made in previous reviews, including the Women’s Safety and Justice Taskforce.

”We are keen to hear people’s views on the issues the Commission should look at in the review.”


Judge Rafter said there would be many opportunities to participate in the review, including an extensive consultation process, public events and making formal submissions.

An event with experts discussing the nature and scope of the review is planned for mid February 2024.

For more information, go to: Review of particular criminal defences | QLRC

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