Titlebook: Homicide Law Reform, Gender and the Provocation Defence; A Comparative Perspe Kate Fitz-Gibbon Book 2014 Palgrave Macmillan, a division of

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Abolishing Provocation — The Victorian ExperienceRamage legal practitioners, members of the community and policy makers struggled to understand how a jury in the 21st century could have returned a verdict of manslaughter by reason of provocation, partially excusing the lethal actions committed.

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Restricting Provocation — The New South Wales Experienceuirements for the partial defence of provocation, which, when successfully raised, reduces what would otherwise be considered murder to manslaughter. In what has been critiqued in practice as an overly complicated piece of legislation (see the discussion in Chapter 10) the requirements of the provocation defence under this legislation are that:

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Complicating the Law of Homicidesp the detailed intricacies of the legal tests inherent in partial and complete defences to murder. This chapter offers an insight into this debate by considering the experiences and perceptions of those working within the legal system.

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Introduction: The Partial Defence of Provocation Justice Osborn as ‘one of immediate and overwhelming brutality by a man considerably larger and physically stronger than his victim’ (., per Osborn J at 33). Forensic evidence presented at trial showed that in this period of ‘lost control’ Ramage had:

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