The Defence of Provocation (NSW)
By Go To Court Lawyers Parramatta
08/31/2022 In New South Wales, extreme provocation can be used as a ‘partial defence’ to a charge of murder. If a person charged with murder was acting in response to extreme provocation, he or she will be found guilty of manslaughter rather than murder (Crimes Act 1900, Section 23(1)). The defence of provocation does not exist in relation to assaults or other violent offences.
The law concerning provocation as a defence to murder was substantially altered in 2014 and does not apply to murders alleged to have been committed before 13 June 2014.
The legislationUnder Section 23 of the Crimes Act 1900, a jury is to acquit an accused of murder and find them guilty of manslaughter if:
- The act causing death was done in response to extreme provocation;
- The act was done in response to conduct towards the accused; and
- The conduct was a serious indictable offence;
- The conduct caused the accused to lose self-control; and
- The conduct of the deceased could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm on the deceased.
Read More on The Defence of Provocation NSW
About This Author
Go To Court Lawyers Parramatta
Go To Court Lawyers offer expert and affordable legal advice and strong representation in all matters relating to criminal and civil law, family matters, immigration, and traffic law including drink driving. With over 350 offices across Australia, we guarantee availability in all Australian courts, …
More Articles From This Author
Appeals Against Supreme Court Decisions (NSW)
08/31/2022 Appeals to the High CourtAppeals against decisions of the NSW Court of Appeal are made to the High Court of Australia. This occurs in matters of public or general importance. There is no automatic right to have an appeal heard by the High Court. As with the Court of Appeal, the applicant must first... Read More »
08/31/2022 Neighbourhood disputes can arise over many everyday matters, such as pets, trees, dividing fences or noise. In many cases, neighbourhood disputes can be resolved informally, by talking about the situation and listening to each other’s point of view. Where this does not solve the problem, mediation... Read More »
08/31/2022 Commercial leases in NSW are interests in commercial premises (for example, office buildings) that are granted by one person, the ‘landlord’, to another, the ‘tenant’. They confer a right on the tenant to exclusive possession of the commercial premises for a certain period of time. Commercia... Read More »
08/31/2022 If you die in New South Wales and you made a valid will under the Succession Act 2006 before you died, the person named in your will as your executor will apply to the Supreme Court of New South Wales for probate of your will.Probate in NSW, as in all other States and Territories, is the process of... Read More »
08/31/2022 Making a will in New South Wales involves making a written declaration describing how your property will be disposed of after your death. This allows you to leave your assets and any other possessions to which you are entitled at the time of your death to nominated beneficiaries. When a person dies... Read More »
08/31/2022 What Constitutes A Formal Will In NSW?In New South Wales, a testator must execute a will correctly for the document to be considered a valid and formal will. Specifically, the document must comply with the following requirements:A formal will must be in writing; andThe testator must sign the will, o... Read More »
Challenging a Will in New South Wales
08/31/2022 Challenging a will in New South Wales can be done on a number of grounds, including that the will-maker lacked testamentary capacity to prepare the will, or the will did not represent the will-maker’s intentions for a variety of reasons, including fraud, forgery or undue influence.Alternatively, y... Read More »
Can a Beneficiary Contest a Will?
08/31/2022 Which Beneficiaries Can Contest A Will?A Family Provision Claim can only be lodged in NSW if the testator was living in NSW before their death or if they owned real estate in NSW.A beneficiary can contest a will if they were:The testator’s spouse when they died;The testator’s de facto partner wh... Read More »
Workplace Discrimination in New South Wales
08/31/2022 The Anti-Discrimination Act 1977The Anti-Discrimination Act 1977 makes discrimination unlawful toward job applicants and employees, commission agents and contract workers. The Act states that if certain actions are done for two or more reasons, and one of those reasons is discriminatory, then the ac... Read More »
08/31/2022 What is bullying?For those workers in New South Wales who are covered by the Fair Work Act 2009, the Fair Work Commission has powers to make orders to stop bullying in some instances. These orders are designed to stop ongoing bullying. An application can be made by a ‘worker’, which includes all... Read More »
What is Sexual Harassment? (NSW)
08/31/2022 The Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW) prohibit sexual harassment in the following areas of public life:In the course of your employment;In the course of obtaining goods and services e.g. from shops, medical services, government services etc;In the course of... Read More »
Unfair Dismissal in New South Wales
08/31/2022 Which unfair dismissal laws applyIf you are a public sector employee (employed by the State or local government but not the Commonwealth government), you come within the New South Wales industrial relations system. These unfair dismissal laws are contained in Part 6 of the Industrial Relations Act 1... Read More »
08/31/2022 The Fair Work ActThe FW Act is managed by two bodies – the Fair Work Commission and the Fair Work Ombudsman. The Act is designed to ensure that there is a safety net of minimum entitlements for workers (the National Employment Standards or NES), to enable flexible working arrangements and fairness... Read More »
08/31/2022 In New South Wales claims of less than $10,000 are heard in the Small Claims Division of the Local Court. The purpose of the small claims division is to deal with minor legal matters in a way that is more accessible to the ordinary person. Small claims proceedings are conducted with far less formali... Read More »
Consumer Claims in New South Wales
08/31/2022 Consumer claims in NSW relate to the supply of goods and services under the Fair Trading Act 1987 and the Australian Consumer Law. This includes disputes over monies, or the purchase of vehicles used for private use.Consumer claims under $40,000 will need to be commenced in the NSW Civil and Adminis... Read More »
08/31/2022 Prosecution in the District CourtPrivate solicitors cannot prosecute trials in the New South Wales District Court. The New South Wales Office of the Director of Public Prosecutions is the prosecuting service and government agency responsible for prosecuting serious criminal offences in the New South... Read More »
08/31/2022 Children’s Court jurisdictionsThe Children’s Court has jurisdiction to hear and determine matters of the following type:Criminal Offence Applications for apprehended violence ordersApplications for compulsory schooling orders with respect to the parents of a child, and in some cases the child, w... Read More »
08/31/2022 What is a jury?In NSW, juries are usually made of 12 jurors selected from the electoral roll, although sometimes juries of 15 are empanelled in cases expected to last more than three months. Most criminal cases in the District and Supreme Courts are determined by a jury, and so are some large civil... Read More »
Applications for Marriage Annulment (NSW)
08/31/2022 When the Local Court convicts, penalises or sentences a defendant and the defendant is not present in court, the court orders are reviewable by way of an application for annulment. Such an application is made under Section 4 of the Crimes (Appeal and Review) Act 2001 and must be lodged within two ye... Read More »
08/31/2022 New South Wales has six youth detention centres, known as Youth Justice Centres, which accommodate young people who have been refused bail or sentenced to detention. In the second quarter of 2019, there were 8,837 young people serving sentences in detention in NSW. There were 4,566 young people bein... Read More »
08/31/2022 Which convictions can be spent?All convictions can become spent, except the following:Convictions for offences for which a prison sentence of more than 6 months was imposed;Convictions for sexual offences;Convictions imposed against bodies corporate;Convictions set out in the regulations.A convictio... Read More »
Imprisonment in New South Wales
08/31/2022 Offences that can lead to imprisonmentThe criminal law of New South Wales is contained primarily in the Crimes Act 1900 (NSW). This Act also works in conjunction with federal legislation, such as the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth). Both of these Acts address the interpret... Read More »
08/31/2022 What is the process for ordering home detention?If the court is satisfied that no sentence other than a term of imprisonment is appropriate for an offence and that the term of imprisonment should be set at 18 months or less, it may then consider ordering that the sentence be served by way of home de... Read More »
Drug Diversion Programs in NSW
08/31/2022 Drug diversion programs in NSW (New South Wales) provide offenders who are also drug users an opportunity for education and possibly treatment to help them to overcome their drug use and reduce the likelihood they will commit crimes in the future.Police can exercise their discretion and deal with mi... Read More »
08/31/2022 What are the purposes of a sentence?Section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets out the ‘purposes of punishment’ which a court should consider when sentencing an offender.These are:Retribution or just punishment;Deterrence;Community protection;Rehabilitation;Accountabilit... Read More »
08/31/2022 A character reference is a letter written by a person who knows you and can tell the court about your good character. In all the states including New South Wales a character reference can help the court to understand a bit more about you as a person and may help you to receive a lesser penalty. You... Read More »
Breach of an AVO in New South Wales
08/31/2022 The offence of breaching an AVO in New South Wales is set out in section 14 of the Crimes (Domestic and Personal Violence) Act 2007.An AVO (Apprehended Violence Order) is breached if you do something that is in breach of the conditions listed in the order. You cannot be in breach of an AVO in NSW un... Read More »
Applying for an AVO in New South Wales
08/31/2022 An Apprehended Violence Order or AVO in New South Wales is a Court order made under the Crimes (Domestic and Personal Violence) Act 2007 to protect you from violence, intimidation or harassment in the future.AVO in New South WalesAn AVO in New South Wales is called an Apprehended Domestic Violence O... Read More »
The Defence of Self-Defence (NSW)
08/31/2022 The law recognises a person’s right to protect themselves when they are being physically attacked or are faced with a threat of physical violence. The extent to which it is permissible to use violence in self-defence depends on the circumstances and the extent of the threat faced. In New South Wal... Read More »
08/31/2022 Definition of duressTo secure an acquittal on the basis of duress, an accused must call evidence that:A threat of death or serious injury was made to the accused or a member of their family;The gravity of the threat was such that a person of ordinary firmness and of the accused’s sex and maturity... Read More »
The Defence of Automatism (NSW)
08/31/2022 In order for an accused to be found guilty and convicted of a crime in NSW, the prosecution must be able to prove, beyond a reasonable doubt, that the person’s conduct was voluntary. Where a criminal act is committed in a state of automatism, this means that the offence was committed involuntarily... Read More »
The Age of Criminal Liability (NSW)
08/31/2022 In all Australian jurisdictions, the age of criminal liability is 10. This means that no child below the age of 10 can be arrested, summonsed or found guilty of a criminal offence. In New South Wales, this rule is contained in Section 5 of the Children (Criminal Proceedings) Act 1987. Children betwe... Read More »
08/31/2022 Summary offences are minor offences that are heard in the Local Court. The maximum penalty that can be imposed for any single summary offence is imprisonment for two years, though many summary offences carry a penalty of a fine only. Summary offences include offences contained in the Summary Offence... Read More »
08/31/2022 New South Wales was the first place in the world to decriminalise adult sex work. It has the most liberal laws around sex work in Australia. The process of decriminalisation began in NSW in 1979, when criminal offences relating to street-based sex work were repealed. In 1995 most aspects of sex work... Read More »
08/31/2022 What is robbery?For a person to be found guilty of robbery, the following elements must be proven:There must have been an unlawful taking away of property with the intention of permanently depriving the owner of it;The property must have been taken without the owner’s consent. Consent obtained by... Read More »
08/31/2022 Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of... Read More »
08/31/2022 Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court. Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrates Court.Indictable offences in New South Wales are governed... Read More »
08/31/2022 There are various offences relating to the use and misuse of firearms in New South Wales. These are contained in the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1988. Firearms legislation across all Australian states was comprehensively reformed in 1996 following the Port... Read More »
Child Protection Register in NSW
08/31/2022 The legislation that governs the Child Protection Register in NSW (New South Wales) is the Child Protection (Offenders Registration) Act 2000. The aim of the Register is to increase and improve the accuracy of police intelligence, assist to investigate and prosecute child sex offences committed by r... Read More »
08/31/2022 Common assault in New South WalesCommon assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have a common assault matter dealt with in the District Court.An assault is a common assault when it results in no injury,... Read More »
08/31/2022 Abortion in New South Wales before 22 weeksUnder section 5 of the Abortion Law Reform Act 2019, a doctor may perform an abortion on a person who is no more than 22 weeks pregnant with their informed consent, or with the informed consent of another person on their behalf if they lack the capacity to... Read More »
Reporting Police Misconduct in New South Wales
08/31/2022 Police misconduct in New South Wales is taken very seriously. Employees of the New South Wales Police Force (NSWPF) are expected to behave professionally and with integrity and to make sure that their authority is exercised responsibly. You have a right to complain if you are dissatisfied or concern... Read More »
08/31/2022 A voir dire is a pre-trial procedure used to determine the admissibility of particular evidence. It occurs when one party challenges the admissibility of evidence the other party proposes to adduce. A voir dire consists of the court making findings of fact and applying the law after hearing evidence... Read More »
Bail Applications in New South Wales
08/31/2022 Deciding bail applicationsSection 18 of the Bail Act sets out the factors that must be assessed when deciding bail applications. These are:The accused’s background, including their criminal history, circumstances and community ties;The nature and seriousness of the alleged offences;The strength of... Read More »
Free Family Legal Advice Over the Phone
08/31/2022 How much does it cost to get legal advice?Getting legal advice from Go To Court Lawyers Legal Hotline is free. If you require a face-to-face meeting with a lawyer in your area to get more detailed, specific advice about your matter, a one hour consultation with a local, expert and experienced lawyer... Read More »
08/31/2022 Looking for employment advice? We've got a plan! Our FREE Employment Advice resource has helped thousands of people find jobs they love over the last 20 years. Check it out today! Get quick access to employment law and HR tips as well as answers to common questions like what is discrimination or sex... Read More »
08/31/2022 Get free property legal advice from qualified lawyers anytime of day or night who are always available when you need them. Understand property law like never before with helpful guides and legal videos that teach it all right there on our site.... Read More »
08/31/2022 Meet a lawyer who can answer your legal questions online now - 24/7. No matter how urgent your legal matter is we can help. Give our free legal advice hotline a call to get started today:Free criminal law adviceFree family law adviceFree immigration law adviceFree traffic law adviceFree drink drivin... Read More »
08/31/2022 Go to Court Lawyers Parramatta has the opening hours of 9:00am to 5:00 pm Monday to Friday. However, after hours appointments can be arranged if required. Our office is located on the corner of Charles and George Streets, Parramatta. If you are using public transport buses to George Street run every... Read More »
08/31/2022 Parramatta Local Court operating hours are 8:30am to 4:30pm Monday to Friday. The Court address is 12 George Street, Parramatta and located on the corner of George and Marsden Streets Parramatta. If you are using public transport, buses to the Parramatta Local Court leave every 15 minutes from the P... Read More »
08/31/2022 Parramatta Childrens Court is at number 2 George Street, Parramatta and has the operating hours of 9:00am to 4:30pm Monday to Friday. It is located on the corner of O’Connell and George streets. The Parramatta Children’s Court is easily accessible via public transport. Buses to George Street, le... Read More »
08/31/2022 If you’re going to court in Parramatta soon, don’t make the mistake of going alone. Get expert representation from our experienced legal professionals.Civil Dispute Lawyers ParramattaOur Parramatta lawyers are:committed to protecting your legal rights by providing you with the best possible lega... Read More »
08/31/2022 If you’ve been charged with a criminal offence, don’t risk your future. You need excellent legal representation from a Parramatta criminal lawyer who understands how to help. And that’s where we come in…Our team of criminal lawyers are experienced, professional, and skilled at providing expe... Read More »
Parramatta Drink Driving Lawyers
08/31/2022 If you have been charged with an offence relating to drink driving or drug driving, don’t risk your future. You need excellent legal representation from a Parramatta lawyer who is an expert in the field and who understands how to help. That is where Go To Court Lawyers come in.Drink driving and dr... Read More »
08/31/2022 Our Parramatta family lawyers are experts in the field of family law. We want to help you get past this difficult situation, so you can get on with your life. Call us today for practical legal advice that’s tailored to you. And – if you do end up needing court representation – we don’t back... Read More »
08/31/2022 Our team of traffic lawyers are experienced, professional, and skilled at providing expert legal advice. We can help you achieve the best possible result from a bad situation.Traffic Accident Lawyers ParramattaOur services include:discussing your options (and probable outcomes) when we meet with you... Read More »