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- A SORDID HISTORY OF THE GAY PANIC DEFENCE IN AUSTRALIA | SBS SEXUALITY
- THE DEFENCE, KNOWN IN SOME LEGAL CIRCLES AS THE 'HOMOSEXUAL ADVANCE DEFENCE', IS AN UNCONVENTIONAL FORM...
While you might expect such situations to be quite rare, a review of case law shows it to have been depressingly common. In a surge of cases between and , at least 13 defendants succeeded with this defence in New South Wales alone. The legal argument will likely be used in an upcoming retrial of a homicide in South Australia, and was successfully used after two men bashed a man to death in in Queensland.
The gay panic defence has been used in Australia since the early 90s, and is still available in two states. That legal argument holds that if a person kills another person as a result of provocation which causes them to lose control, then a lesser charge of manslaughter, rather than murder, is appropriate.
Manslaughter is not only a lesser charge, but also attracts a lesser penalty. It also allows defendants to avoid some mandatory sentences, depending on the state or territory.
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