Explain the offence of defensive homicide under the Crimes (Homicide) Act 2005
Under defensive homicide in the crimes act (2005), A person who, by his or her conduct, kills another person in circumstances that, but for section 9AC, would constitute murder, is guilty of an indictable offence (defensive homicide) and liable to level 3 imprisonment (20 years maximum) if he or she did not have reasonable grounds for the belief referred to in that section. Explain the law of self defence in relation to homicide cases
The law of self defence in relation to homicide case are that a person is not guilty of murder if he or she carries out the conduct that would otherwise constitute murder while believing the conduct to be necessary to defend himself or herself or another person from the infliction of death or really serious injury. In regard to an Alternative verdict of defensive homicide on charge for murder, If on the trial of a person for murder the jury are not satisfied that he or she is guilty of murder but are satisfied that he or she is guilty of an offence against section 9AD (defensive homicide), the jury may acquit the accused of murder and find him or her guilty of defensive homicide and he or she is liable to punishment accordingly.
The reasons why the defence of provocation was abolished in Victoria in 2005.
The reason as to why the defense of provocation was abolished in Victoria in 2005 was because it was a recommendation by the Victorian Law Reform Commission in a review of defenses to homicide. Reasons as to why it was in review in the first place was because it promoted a culture of blaming the victim and had no place in a modern society, also it had served to excuse male violence against women. Provocation was abolished because the Victorian legislature believed it was outdated and no longer reflected the norms of modern society. Specifically, it was no longer appropriate for the criminal law to have a defense available that...
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