Govt to scrap defence of provocation

Clayton Weatherston gives evidence during his murder trial. Photo / Supplied

Accused killers will no longer be able to rely on the defence that they were provoked.

The partial defence of provocation will be abolished, Prime Minister John Key announced this afternoon.

Cabinet accepted Justice Minister Simon Power's recommendation on the issue and a bill has been drafted to be introduced into Parliament this week.

Mr Key said the Government aimed to have the legislation enacted by the end of the year.

The defence in homicide cases had proven "controversial", he said.

The Law Commission had completed two reports on provocation and recommended it be abolished.

Mr Power had signalled the Government was likely to abolish it.

The issue has sparked heated debate after Otago University tutor Clayton Weatherston argued he was provoked into stabbing girlfriend Sophie Elliott stabbed 216 times and was only guilty of manslaughter.

The jury found him guilty of murder.

In another case last month, Ferdinand Ambach successfully used the defence in his trial for killing Auckland man Ronald Brown, 69.

His defence argued that Mr Brown came on strongly to Ambach and might have attempted to rape him, leading Ambach to lose control and beat him with a banjo before ramming the stem down his throat.

The Labour Party also wants the defence dumped and had put up members' bills to do that.

Victims' families, legal experts and organisations such as Women's Refuge have supported the move.

- NZPA