DownUnderAllOver

DownUnderAllOver

Developments around the country

DownUnderAllOver is a round-up of legal news from both State and federal jurisdictions, and contains topical articles and short pieces from Alternative Law Journal committees around the country.

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A review of the law of provocation in NSW

Liz Snell
New South Wales

In NSW, the partial defence of provocation continues to exist in law. This defence applies in situations where an unlawful killing would otherwise be considered murder. A defence of provocation can be raised if:

  • the act or omission is the result of a loss of self-control on the part of the accused that was induced by any conduct of the deceased (including grossly insulting words or gestures) towards or affecting the accused (s 23(a) Crimes Act 1900 (NSW)), and
  • that 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 as to have formed an intent to kill, or to inflict grievous bodily harm upon, the deceased (s 23(b)).

In such circumstances, the jury ‘shall acquit the accused of murder and find the accused guilty of manslaughter’ (s 23(1).

(2012) 37(3) AltLJ 206

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Review of police move-on powers

Elyse Methven
New South Wales

The NSW Ombudsman is calling for people to comment on new legislation concerning police move-on powers.  In June and September 2011 new laws were enacted, aimed at curbing alcohol related violence and anti-social behaviour.  Parliament indicated that these laws were not aimed at vulnerable groups such as Indigenous Australians, the homeless or the mentally ill.

Section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (‘LEPRA’) now authorises police to direct an intoxicated person to move-on from a public place and not return for a specified period.  Prior to last year’s amendment, police could only issue a move-on direction to an intoxicated person who was in a group of 3 or more. 

(2012) 37(3) AltLJ 206

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4th Coronial Inquest

Sue Erickson
Northern Territory

On 12 June 2012, Ms Elizabeth Morris SM found that Azaria Chamberlain died on 17 August 1980, at Uluru (known at the time as Ayers Rock) and the cause of her death was as the result of being attacked and taken by a dingo. Her Honour accepted evidence in relation to dingo related injuries and deaths after the date of Azaria Chamberlain’s death, including the death of a nine-year-old boy in 2001 on Fraser Island as well dingo incidents recorded on Fraser Island by the Queensland Department of Environment and Resource Management.

(2012) 37(3) AltLJ 207

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Icthys

Tom McCrie
Northern Territory

In 1998, Japanese oil and gas giant Inpex acquired petroleum exploration permit WA-285-P, located in the Browse Basin off the north-west coast of Western Australia. Exploration in 2000–2001 revealed promising gas reserves. In 2008, Darwin was selected as the processing point for LNG (liquefied natural gas) from the field. In 2012, a final investment decision was made by the Japanese consortium, with preliminary construction works now commenced.

(2012) 37(3) AltLJ 207

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NTER set to continue for a decade

Alistair Webster
Northern Territory

Legislation extending for a decade and many measures first introduced by the Howard government in 2007 as part of the Northern Territory Emergency Response is set to pass Parliament with bipartisan support at the end of June.

According to the Government, the Stronger Futures in the Northern Territory Bill 2011 (Cth) prioritises eight key areas: school attendance and educational achievement, economic development and employment, tackling alcohol abuse, community safety, protection of children, health, food security, housing and governance.

(2012) 37(3) AltLJ 208

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