Labor plans to dismantle 'gay panic' murder defence
THE Queensland Government is taking steps to ensure a homosexual advance is no longer considered provocation for murder, while also looking at expunging historical convictions for homosexual sex, righting wrongs in Queensland's past which have stood for decades.
The homosexual advance defence, more commonly referred to as the gay panic defence, is a rare but usable legal defence under Queensland law.
It allows defendants to claim they were provoked into killing because of an alleged homosexual advance, by claiming it drove them into temporary insanity, reducing what could be a murder conviction to one of manslaughter.
It was last used in 2010 by Jason Andrew Pearce, who was charged with murdering Wayne Robert Ruks in a Maryborough churchyard in 2008.
He was found guilty of manslaughter and released on parole after serving four years of a nine year sentence.