Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 13

    (1)     If, on a trial for murder—

        (a)     it appears that the act or omission causing death occurred under provocation; and

        (b)     apart from this subsection and the provocation, the jury would have found the accused guilty of murder;

the jury shall acquit the accused of murder and find him or her guilty of manslaughter.

    (2)     For subsection (1), an act or omission causing death shall be taken to have occurred under provocation if—

        (a)     the act or omission was the result of the accused's loss of self-control induced by any conduct of the deceased (including grossly insulting words or gestures) towards or affecting the accused; and

        (b)     the conduct of the deceased was such as could have induced an ordinary person in the position of the accused to have so far lost self-control—

              (i)     as to have formed an intent to kill the deceased; or

              (ii)     as to be recklessly indifferent to the probability of causing the deceased's death; or

              (iii)     as to have formed an intent to cause serious harm to the deceased;

whether that conduct of the deceased occurred immediately before the act or omission causing death or at any previous time.

    (3)     However, conduct of the deceased consisting of a non-violent sexual advance (or advances) towards the accused—

        (a)     is taken not to be sufficient, by itself, to be conduct to which subsection (2) (b) applies; but

        (b)     may be taken into account together with other conduct of the deceased in deciding whether there has been an act or omission to which subsection (2) applies.

    (4)     For the purpose of determining whether an act or omission causing death occurred under provocation, there is no rule of law that provocation is negatived if—

        (a)     there was not a reasonable proportion between the act or omission causing death and the conduct of the deceased that induced the act or omission; or

        (b)     the act or omission causing death did not occur suddenly; or

        (c)     the act or omission causing death occurred with any intent to take life or inflict grievous bodily harm.

    (5)     If, on a trial for murder, there is evidence that the act or omission causing death occurred under provocation, the onus of proving beyond reasonable doubt that the act or omission did not occur under provocation lies on the prosecution.

    (6)     This section does not exclude or limit any defence to a charge of murder.

    (7)     In this section:

"serious harm"—see the Criminal Code

, dictionary.