Feb 27, 2012
Hi folks
Clover has asked me to respond to your campaign email calling for law reform about “homosexual advance defence”. She raised this matter with the former Attorney General to follow up the 1998 Final Report of the Homosexual Advance Defence Working Party, and his January 2009 response stated:
Since the release of the Working Party’s Report in 1998, all of the recommendations have been implemented, except for the exclusion of a non-violence homosexual advance from forming the basis of the defence of provocation, by way of legislative reform of section 23 of the Crimes Act (Recommendation 1).
Instead, the NSW Government in 2001 codified the law of self-defence and reintroduced the defence of “excessive self-defence”. In the second reading speech to the [Crime Act Amendment (self-defence)] Bill that introduced the changes, the then Attorney General explained the rationale for the reintroduction of the law of excessive force:
“Such an approach is entirely appropriate when it is considered that in Australia we do not have degrees of murder as separate offences, and that proven unlawful homicide only leads to murder or manslaughter convictions being available. It is acceptable in the opinion of the Government that a person who honestly believes that he [sic] is acting in self-defence but who uses more force than is reasonable in the circumstances should not be liable for murder but be liable for the lesser offence of manslaughter. Such a result is consistent with the values of a civilised society which upholds and respects the sanctity of life.”
Clover strongly opposes discrimination and is assessing this with experts to determine whether it is equivalent to removal of the defence.
Clover will follow up with the Attorney General specifically about your request for:
Abolition of “Gay panic” and “Homosexual Advance defence” Principles.
Amending Section 23 of the NSW Crimes Act to exclude non-violent homosexual advance;
Amending Section 421 of the NSW Crimes Act to exclude non-violent homosexual advance;
Mandating Jury Warnings for Hate-related Crimes, and Sentencing Enhancements; and
Enhancing existing NSW Police resources to address hate-related crime toward.
Clover strongly has repeatedly called for community education to shift homophobic attitudes. If you live outside her electorate, I encourage you to contact your local MP to also support this action – the more voices speaking up the better.
Regards
Roy Bishop
Electorate Officer for Clover Moore MP
Independent Member for Sydney
58 Oxford St, Paddington NSW 2021 Australia
Telephone 61 2 9360 3053
Facsimile 61 2 9331 6963
Website: www.clovermoore.com
We may add you to the list for Clover's eNews bulletin - let me know if you would rather not get this information.
Please consider the environment before printing this email.
Clover has asked me to respond to your campaign email calling for law reform about “homosexual advance defence”. She raised this matter with the former Attorney General to follow up the 1998 Final Report of the Homosexual Advance Defence Working Party, and his January 2009 response stated:
Since the release of the Working Party’s Report in 1998, all of the recommendations have been implemented, except for the exclusion of a non-violence homosexual advance from forming the basis of the defence of provocation, by way of legislative reform of section 23 of the Crimes Act (Recommendation 1).
Instead, the NSW Government in 2001 codified the law of self-defence and reintroduced the defence of “excessive self-defence”. In the second reading speech to the [Crime Act Amendment (self-defence)] Bill that introduced the changes, the then Attorney General explained the rationale for the reintroduction of the law of excessive force:
“Such an approach is entirely appropriate when it is considered that in Australia we do not have degrees of murder as separate offences, and that proven unlawful homicide only leads to murder or manslaughter convictions being available. It is acceptable in the opinion of the Government that a person who honestly believes that he [sic] is acting in self-defence but who uses more force than is reasonable in the circumstances should not be liable for murder but be liable for the lesser offence of manslaughter. Such a result is consistent with the values of a civilised society which upholds and respects the sanctity of life.”
Clover strongly opposes discrimination and is assessing this with experts to determine whether it is equivalent to removal of the defence.
Clover will follow up with the Attorney General specifically about your request for:
Abolition of “Gay panic” and “Homosexual Advance defence” Principles.
Amending Section 23 of the NSW Crimes Act to exclude non-violent homosexual advance;
Amending Section 421 of the NSW Crimes Act to exclude non-violent homosexual advance;
Mandating Jury Warnings for Hate-related Crimes, and Sentencing Enhancements; and
Enhancing existing NSW Police resources to address hate-related crime toward.
Clover strongly has repeatedly called for community education to shift homophobic attitudes. If you live outside her electorate, I encourage you to contact your local MP to also support this action – the more voices speaking up the better.
Regards
Roy Bishop
Electorate Officer for Clover Moore MP
Independent Member for Sydney
58 Oxford St, Paddington NSW 2021 Australia
Telephone 61 2 9360 3053
Facsimile 61 2 9331 6963
Website: www.clovermoore.com
We may add you to the list for Clover's eNews bulletin - let me know if you would rather not get this information.
Please consider the environment before printing this email.
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