Model Criminal Code Officers Committee of the Standing Committee of Attorneys General, Discussion Paper: Model Criminal Code Chapter 5 - Fatal Offences Against the Person (1998) 75.
2.
R v Hajistassi [2010] SASC111 (27 April 2010).
3.
The Northern Territory and the Australian Capital Territory have provisions similar to that proposed by Franks, and a New South Wales Select Committee recommended a similar provision earlier this year: Criminal Code Act (NT) 158(5); Crimes Act 1900 (ACT) 13(3); Legislative Council Select Committee on the Partial Defence of Provocation, Parliament of NSW, The Partial Defence of Provocation (2013) Recommendation 6, 200.
4.
The defence has been abolished in Victoria, Tasmania and Western Australia (and New Zealand): Criminal Code Amendment (Abolition Of Defence Of Provocation) Bill 2003 (Tas); Crimes (Homicide) Bill 2005 (Vic) s 3; Criminal Law Amendment (Homicide) Bill 2008 (WA); Crimes (Provocation Repeal) Amendment Bill (2009) (NZ); Crimes Act 1961 (NZ) s 50.
5.
R v Ramage [2004] VSC391.
6.
R v Keogh [1989] VSC478
7.
R v Sebo [2007] QCA426.
8.
R v Singh (2012) NSWSC637.
9.
Queensland has introduced such a provision, and the NSW Select Committee recommended one: Criminal Code 1899 (Qld) s 304(3); Legislative Council Select Committee on the Partial Defence of Provocation, Parliament of NSW, The Partial Defence of Provocation (2013) Recommendation 7, 203.
10.
Phillips v R [1969] 2AC130, 137.
11.
Criminal Law Consolidation Act 1935 (SA) ss 15, 15(2).
