The introduction of a new partial defence for victims of seriously abusive relationships

Activity occurred prior to the current government.

The Government proposes to introduce a new defence into the Criminal Code by virtue of the Criminal Code Amendment Bill 2009 (the Bill). The defence will apply in cases where the accused has unlawfully killed another in the following circumstances:

  • the accused has suffered serious domestic violence in an abusive domestic relationship
  • the person killed by the accused has committed acts of serious domestic violence against the accused in the course of that relationship
  • at the time of the killing the accused believes the acts are necessary for his/her preservation from death or grievous bodily harm
  • there are reasonable grounds for this belief, having regard to the abusive relationship and all the circumstances of the case.

The closing date for submission was 16 October 2009.