Require that the defence of property through violence be reasonable, but not also necessary and proportionate.
Require that the defence of property be dependant on defence of the person or Aboriginal lands, such that the use of deadly force could only be justified in such circumstances.
Engage in an equality-based analysis of the defence of provocation that examines the broader implications of the defence beyond the results in reported cases.
Abolish provocation at the same time that the mandatory minimum sentence of life imprisonment for murder is abolished.
Remove victim provocation as a factor in mitigation of sentence.
Delete the phrase "in the heat of passion" and substitute language that identifies a temporal link between the alleged provocation and the accuseds response.
Replace the phrase wrongful act or insult with unlawful act, employing an equality-based understanding of insults that encompasses the implicit threat posed by racist insults and other taunting.
Retain the "ordinary person" test for provocation.
Retain the suddenness requirement for the accuseds reaction to the alleged provocation.
Do not create a formal bar on the provocation defence for "spouses", but enact one instead for male violence against women and children and for killings inspired by alleged gay advances or homosexual panic.
Qualify the ordinary person test such that the person is one who adheres to
Charter
, specifically equality values.
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