Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More
Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

ACT Opposes Provocation Repeal Bill

ACT Opposes Provocation Repeal Bill

David Garrett MP, ACT New Zealand
Wednesday, November 25 2009

ACT New Zealand Justice Spokesman David Garrett today reiterated ACT's opposition to the Crimes (Provocation Repeal) Amendment Bill until such time as alternative defences – such as diminished responsibility – are put into law.

"This would ensure that mitigating circumstances are taken into account when individuals are on trial, as advocated by the New Zealand Law Society and senior prosecutors," Mr Garrett said.

"If successful, the partial defence of provocation reduces 'charged with murder' to 'guilty of manslaughter'. This defence is open to both men and women and – contrary to recent claims – victim's sexual orientation is irrelevant. It is not – and never has been – a 'gay panic' defence.

"This defence was recently highlighted when Clayton Weatherston attempted to use provocation as a defence, but failed. This failure shows that the defence is working, and still has a place in the 21st century.

"Had provocation as a defence been repealed, however, Weatherston could have raised it at sentencing - causing exactly the same distress to Sophie Elliot's family as he did in the trial itself. Arguably it would have been worse, as the Elliot family would have had to undergo two separate ordeals at Weatherston's hands.

"Arguments for a repeal of the defence are weak, at best. It should be a jury of one's peers – not a judge – that decides whether the defence is justified," Mr Garrett said.

ENDS

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines



Gordon Campbell: On The Newshub/Smokefree Twin Fiascos


Here’s a tale of two sunset industries. One has a track record of quality investigative reporting, and sound reportage of the 24/7 news cycle. The other sunset industry peddles a deadly substance that kills and injures tens of thousands of New Zealanders every year, while imposing significant annual costs on the public health system.

Which industry is this government rushing to assist..?
More


 
 


ACT: New Zealand Dodges Dopey Experiment In Prohibition

“Labour’s attempted crackdown on smokers would have delivered criminal groups a near-monopoly over the cigarette trade,” says ACT Health spokesman Todd Stephenson... More


Government: Backs Police To Crackdown On Gangs
The coalition Government is restoring law and order by providing police new tools to crack down on criminal gangs, says Justice Minister Paul Goldsmith and Police Minister Mark Mitchell. “Over the last five years gangs have recruited more than 3000 members, a 51 per cent increase... More


Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.