Extreme Provocation

EXTREME PROVOCATION

Extreme provocation is a partial defence for murder enshrined in Section 23 of the Crimes Act 1900 (NSW) and establishes that an accused’s culpability for murder is reduced if they were influenced by extreme provocation. The legislation states that if, on the trial of a person for murder, it appears that the act causing death was in response to extreme provocation and the jury would have found the accused guilty of murder, the jury is to acquit the accused of murder and find the accused guilty of manslaughter.

The defence of extreme provocation applies only if:

• The act of the accused that causes death was in response to conduct of the deceased towards or affecting the accused, and
• The conduct of the deceased was a serious indictable offence, and
• The conduct of the deceased 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.

Conduct of the deceased does not constitute extreme provocation if the conduct was only a non-violent sexual advance to the accused, or the accused incited the conduct in order to provide an excuse to use violence against the deceased.

LEGAL DEFENCES IN NSW

THINGS YOU NEED TO KNOW:

1. A number of legal defences against convictions of criminal offences are available in NSW.
2. Legal defences are used to justify the actions of an individual who has been accused or charged with a criminal offence.
3. Legal defences are sourced from common law, with some now incorporated into legislation.
4. Some legal defences apply to specific criminal offences, whilst other legal defences apply more broadly.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for using legal defences to obtain not guilty verdicts and the withdrawal of charges for clients charged with criminal offences.

Criminal Lawyers Group specialise in strategic approaches through legal defences to successful defend you against your criminal charges.

Our Criminal Lawyers will always provide effective legal representation that evaluates case-specific circumstances, identifies applicable defences, and presents a compelling case in court. Through the exceptional knowledge of these defences, our award-winning criminal lawyers strive to secure the best outcomes for defendants, ensuring compelling defences against criminal charges under the NSW legal system.

WHAT IS A LEGAL DEFENCE?

Legal defences are defences available to defend against criminal accusations and charges by justifying the actions of an individual through defences sourced from common law and legislation.

This article explores different types of legal defences available.

If you have been accused or charged with a criminal offence, contact our expert criminal lawyers immediately so that we may analyse which defences apply to your situation.