The bill to amend the Crimes Act (re: provocation) was successfully introduced by Christian Democrats upper house MP Fred Nile today, but debate was adjourned for five calendar days.
NSW Gay and Lesbian Rights Lobby policy officer Jed Horner said the bill was expected to “fly through” once parliament voted on it in the coming days.
This means the current laws that allows for the use of the ‘gay panic’ defence in a murder trial would no longer be valid.
It would also mean an accused attempting to downgrade a charge of murder to manslaughter if they can prove they were provoked into a deadly attack because of a non-violent sexual advance would also no longer be valid.
“We finally have official legislation that will get rid of the ‘gay panic’ defence,” Horner told the Star Observer.
Premier Barry O’Farrell had released a draft of the Crimes Amendment (Provocation) Bill 2013 last October after an inquiry by the Legislative Council Select Committee – chaired by Christian Democratic Party leader Fred Nile – recommended in April that the ‘gay panic’ defence be removed.