Provocation and Assault: Retain, Reform, or Repeal Sections 268 and 269 of Queensland's Criminal Code?

Andreas Schloenhardt, Eloise Gluer

Publications: Contribution to journalArticlePeer Reviewed

Abstract

Queensland is one of the few jurisdictions in which provocation is recognised as a complete defence to offences of which assault is an element. Many see this defence as an archaic means of condoning violent conduct that is unacceptable in modern society, while others view it as an appropriate leniency for human emotions. This article explores and outlines the background, evolution, and rationale of the defence of provocation, analyses its application and elements, and discusses the pros and cons of retaining, reforming, or repealing ss 268-270 of the Criminal Code (Qld).
Original languageEnglish
Pages (from-to)251-263
Number of pages13
JournalQueensland Lawyer
Volume33
Publication statusPublished - 2013
Externally publishedYes

Austrian Fields of Science 2012

  • 505024 Criminal law

Keywords

  • criminal law
  • Australia
  • provocation
  • assault
  • defences

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