The Queensland Law Reform Commission (QLRC) has made 36 recommendations in its review of criminal defences, which was tabled in Parliament on Monday.
The commission’s 428-page final report, Just, clear and modern: Reformed criminal defences for Queensland, recommends changes to the Criminal Code Act 1899 (Qld) that would significantly alter the availability and operation of certain defences.
They include a simpler test for self-defence, a new defence of duress, repealing provocation defences, and replacing minimum non-parole periods with standard non-parole periods.
The review, which began on 15 November 2023, required the QLRC to examine and make recommendations about:
- self-defence in ss 271 and 272;
- provocation as a defence to assault in ss 268 and 269;
- provocation as a partial defence to murder in s 304;
- the partial defence to murder of killing for preservation in an abusive domestic relationship in s 304B, and
- domestic discipline in s 280.
QLRC chair Fleur Kingham said the recommendations “would make the law simple and modern, reflect contemporary community attitudes and improve access to justice for victim-survivors of domestic and family violence”.
“Generally, people accused of crimes should have access to a defence if their actions are reasonable in the circumstances assessed by community standards,” she said.
“Our recommendations ensure that juries make that assessment.”
The commission conducted a statewide survey and focus group research to understand community attitudes to violence. Stakeholder input was also sought via interviews, consultations and submissions.
Read the final report here.
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