Insight: Nov 6

The final Insight for 2012 looks at a topic which other current affairs show have tackled this year: whether the provocation defence is allowing killers to get off lightly.

Provocation is a partial defence to murder, which – if accepted by the jury – results in a conviction for manslaughter instead of murder. And that means a lesser sentence.

It has been traced back to 16th and 17th century England, when brawls and fights arising from ‘breaches of honour’ were common, and the sentence for murder was death. Supporters of the defence in modern times say that it acknowledges that even reasonable, ordinary people can in some cases be pushed to the brink and momentarily lose control and kill someone. They say it’s critical that the defence be retained in some form, so it can be used for people including victims of domestic violence who snap and kill their spouses.

But critics of the provocation defence say it’s being overused by men in cases of sexual jealousy. The defence has been abolished in Victoria, Western Australia and Tasmania. NSW is currently holding an inquiry into it.

Host Jenny Brockie and guests discuss whether provocation has a place in modern day courts in Australia and how we deal with often murky cases of murder and manslaughter.

8:30pm Tuesday on SBS ONE.