Bill on assault distinctions

Press, 12 August 1980, Page 19

Bill on assault distinctions

PA Wellington A bill which abolishes the distinction between provoked and unprovoked assault as grounds for selfdefence has been introduced in Parliament by the Attor-ney-General (Mr McLay) with the agreement of the Opposition. The Crimes Amendment Bill implements recommendations for changes to the law relating to self-defence made by the Criminal Law Reform Committee last November. The committee said that the existing provisions were too complex and led to difficulty in deciding who had started a particular incident. Neither was it clear whether j the beliefs of the accused’ should be treated subjective-1 ly or objectively. The bill, which will come’ into effect at the beginning! of 1981, ensures the appli-, cation of a subjective test in determining what the accused believed the circumstances to be but an objective test in assessing the reasonableness of the re-

sponse. It is not limited to self-defence and the defence ; of those under protection but extends to the defence of any other person. Mr McLay told Parliament ’ that the amendment would greatly simplify the law. on self-defence by abolishing the distinction between provoked and unprovoked as- ; saults. Mr G. W. R. Palmer (Lab., : Christchurch Central) comi mended the speed of the ■ Government in implementing ■ the committee’s recommendation. But he was con- : cerned that doing away with i the distinction between provoked and unprovoked as- , saults gave a jury greater latitude in its decision. j Was the Minister confident ’that a jury should carry this I added burden? he said. I Mr McLay assured him of | his trust in the “reasonableIness” of a jury of 12. The i amendment would simplify the law not only for jurors but also for solicitors, he said. The bill was referred to > the Statutes Revision Com- • mittee.