Provocation defence supported

A constitutional law expert says the range of sentences available for manslaughter shows why the defence of provocation should not be removed.

Labour is drafting a bill to have the law repealed following the case of a Hungarian tourist who beat a man to death, being found guilty of manslaughter rather than murder. During the trial, his lawyers argued he was provoked, by unwanted sexual advances.

The Justice Minister Simon Power says the Government has been working on the issue of provocation for some time and he will take a paper to Cabinet in the near future.

Constitutional law expert Associate Professor Bill Hodge says sentences for manslaughter range from nothing through to life imprisonment. He says the courts have the capacity to deal with the circumstances of unlawful homicide when it comes to sentencing, so the defence of provocation should not be repealed.

Mr Hodge says there are degrees of homicide and provocation as a defence is the only way they are recognised in New Zealand law. He would be reluctant to see the whole system tossed out as he believes it generally works quite well.

- Newstalk ZB