South Australian Numbered Acts

STATUTES AMENDMENT (ABOLITION OF DEFENCE OF PROVOCATION AND RELATED MATTERS) ACT 2020 (NO 43 OF 2020) - SECT 7

7—Amendment of section 15B—Reasonableness etc where offence committed in circumstances of family violence

Section 15B—after its present contents (now to be designated as subsection (1)) insert:

        (2)         In a trial for an offence in which the defendant raises a defence under this Division, the question of whether—

            (a)         the defendant genuinely believed that particular conduct was necessary and reasonable (either for a defensive purpose or for the purposes referred to in section 15A(1)(a)); or

            (b)         particular conduct was reasonably proportionate to a particular threat; or

            (c)         the defendant reasonably believed that a particular threat would be carried out; or

            (d)         the defendant reasonably believed that particular conduct was the only reasonable way a particular threat could be avoided; or

            (e)         particular conduct was a reasonable response to a particular threat,

is, if the defendant asserts that the offence occurred in circumstances of family violence, to be determined having regard to any evidence of family violence admitted in the course of the trial.

        (3)         In this section—

"circumstances of family violence" has the same meaning as in section 34V of the Evidence Act 1929

;

"evidence of family violence" has the same meaning as in section 34W of the Evidence Act 1929

.