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‘Gay panic’ defence to murder abolished Australia-wide

South Australia has abolished “gay panic” as a defence in crimes of violence with state parliament passing legislation to end the “downright offensive” provisions. It is the last state in Australia to do so.

Gay panic defence removed in SA | The Examiner

South Australias Law Reform Institute scrutinised the gay panic defence in two reports, before recommending in 2018 that it be abolished by the State Government.

South Australia finally abolishes gay panic murder defence

South Australia’s Law Reform Institute previously scrutinised the gay panic defence and made two reports to the South Australian Government on the issue. They found four instances of defendants invoking the gay panic murder defence during the last ten years. In 2018, the institute recommended the government abolish the defence.

Gay panic provocation defence removed in South Australia gay panic defence south australia

In the most recent use of the gay panic defence in South Australia, Michael Joseph Lindsay was found guilty of murdering Andrew Negre in Adelaide in April 2011 and received a 23 year conviction.