SA government consulting on proposed laws to remove ‘excessive self-defence’ in murder cases
South Australians can have their say on new laws that would remove a partial defence of “excessive self-defence” following the horrific killing of Millicent woman Synamin Bell.
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South Australians are being urged to have their say on new laws that would remove a partial defence of “excessive self-defence” in murder cases where self-induced intoxication is a factor.
The change has been proposed following the tragic case of Millicent woman Synamin Bell, whose partner Cody James Edwards took hallucinogenic drugs before he killed her in 2022.
The court heard Edwards killed Ms Bell in the master bedroom of her home after the pair consumed the psychedelic drug DOI and he experienced a paranoid psychosis.
The psychosis caused him to believe Ms Bell intended to kill him, leading him to act in “excessive self-defence”.
He was first charged with murder but ultimately pleaded guilty to a charge of manslaughter. Last week, he was sentenced to 11 years in jail with a non-parole period of eight years and 10 months.
Edwards, 27, will be eligible for parole in January 2031.
The state government vowed to prevent use of such a defence in future cases where the accused was substantially affected by self-induced intoxication.
Attorney-General Kyam Maher said on Monday the government has been looking at the issue in detail.
“My heart goes out to the family and friends of Synamin Bell who have not only lost a loved one, but are also understandably frustrated by the law that currently allows for a partial defence of excessive self-defence in cases where self-induced intoxication is a factor,” he said.
“We recognise that change is needed to make sure these laws are in line with community expectations.
“The government intends to progress this is a matter of priority, and I’d urge anyone with views on the subject to make sure their voices are heard during this consultation.”
South Australians can comment on the proposed reforms by visiting www.yoursay.sa.gov.au/excessiveselfdefence
Consultation on the draft legislation closes on October 7.
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