Labour hopes National will support provocation repeal Bill
The Government has been handed an early opportunity to remove the provocation defence in murder trials with today’s drawing of the Abolition of Defence of Provocation Amendment Bill from the Ballot, Labour's Justice spokesperson Lianne Dalziel says.
“I am optimistic that all MPs will vote to send the Bill to select committee given that only one MP objected when I recently sought leave to introduce it. I will be working with all parties over the next couple of weeks,” Lianne Dalziel said.
Lianne Dalziel and Charles Chauvel have developed the Crimes (Abolition of Defence of Provocation) Amendment Bill to repeal the partial defence of provocation, which allows murder to be reduced to manslaughter if the killer has been provoked to the point of reasonably losing self-control.
Lianne Dalziel said the provocation defence was no longer needed.
“As the Law Commission demonstrated late in 2007, the defence has no place in New Zealand law. It must go, and it must go now."
Labour's Associate Justice Spokesperson, Charles Chauvel, said he believed there was considerable public support for removing provocation as a defence.
“The use of the provocation defence in recent trials has caused justifiable offence and concern. I hope that National will not block its removal again,” Charles Chauvel said.
The Bill is expected to have its first reading on Wednesday 19 August 2009.
