Murder, or self-defence? Queensland AG to weigh in
A slew of recommendations have been tabled in parliament to “improve access to justice for victim-survivors” of domestic and family violence.
Simplifying Queensland’s self-defence laws amid an alarming nation-wide rise in family and domestic violence would “improve access to justice for victim-survivors”, according to a report tabled in parliament this week.
Queensland Attorney-General Deb Frecklington tabled the Law Reform Commission’s final report on its review of criminal defences in the Criminal Code this week.
The report makes 36 recommendations for reform, including a simpler test for self-defence and a new defence of duress that recognises the impacts of coercive control.
Commission chair Fleur Kingham said Queensland’s laws should reflect community attitudes around the appropriate use of violence.
“Generally, people accused of crimes should have access to a defence if their actions are reasonable in the circumstances assessed by community standards,” she said.
According to the report, between July, 2010, and April, 2024, 518 people were charged with murder in Queensland.
In the reporting period between 22 October, 2015, to April 30,2024, about 22 per cent of murders were recorded as DV offences.
Most of the people charged with murder were men (84.1 per cent), about 20 percent identified as Aboriginal and/or Torres Strait Islander and fewer than five per cent were children.
Kingham said the changes would provide greater clarity than the state’s existing laws, which were drafted in 1897.
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“The commission’s recommendations would make the law simple and modern, reflect contemporary community attitudes and improve access to justice for victim-survivors of domestic and family violence,” she said.
“Our reforms focus on reasonableness, so that the defences in the Criminal Code align with community attitudes.”
The report found “appropriate responses, even violent responses, in fear and self-preservation are acceptable.”
The recommendations handed down in the report will now be considered by the Attorney-General before any implementations are made.
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