Reforms to use of excessive self-defence laws

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Lechelle Earl, owner/editor




Reforms to use of excessive self-defence laws

Following extensive consultation with law enforcement and the broader community, laws developed in response to the tragic killing of South East woman Synamin Bell will be introduced to State Parliament this week.
 
Ms Bell was killed by her partner after he consumed hallucinogenic drugs that brought on a paranoid psychosis.
 
Although initially charged with murder, he was ultimately able to plead guilty to manslaughter under the partial defence of excessive self-defence, receiving a sentence of 11 years in jail.
 
In response, the government developed reforms to prevent offenders from using a partial defence of excessive self-defence in cases where the accused’s belief that their conduct was necessary for defensive purposes was substantially affected by self-intoxication.
 
Attorney-General Kyam Maher said the killing of Synamin Bell was a needless tragedy that highlighted serious concerns about the way our laws can operate in cases where a partial defence of excessive self-defence can be used.
 
“It is a complex area of law, but one that we have moved on to address swiftly once the case involving Ms Bell’s killer was finalised,” he said.
 
“We believe these changes address the concerns raised in this matter, while still allowing for appropriate use of a partial defence of excessive self-defence.
 
“I want to pay tribute to the family and friends of Synamin Bell who lost a loved one in tragic circumstances but have bravely campaigned for change.”
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