Shock DV murder defence could be scrapped in massive shake-up

The Queensland Law Reform Commission has released its consultation paper into a review of multiple criminal defences, including an outdated DV murder defence.

Sandra Peniamina was killed by her husband.

An outdated defence used by domestic violence offenders who kill and assault their partners in a jealous rage could be scrapped after a major review of Queensland laws.

The Queensland Law Reform Commission (QLRC) on Thursday released its consultation paper into a review of multiple criminal defences, including the partial defence of provocation for murder.

The QLRC – which conducted 96 meetings with judges, prosecutors, lawyers and victims across the state – proposed the defence be repealed saying it reduced culpability of domestic violence killers.

QLRC chair Fleur Kingham said it was clear change was needed in Queensland law.

“Our preliminary assessment is that significant reforms are required. We need to ensure Queensland laws are working effectively, fairly and consistent with contemporary community attitudes,” Ms Kingham said.

The controversial defence – which has been abolished in most Australian states – was used by Kippa-Ring man Arona Peniamina who brutally stabbed his 29-year-old wife Sandra Peniamina 29 times, chased her down and caved her skull in with a concrete bollard in 2016.

But Peniamina was cleared of murder – instead convicted of manslaughter – after using the provocation defence when his wife picked up a knife to defend herself after refusing to talk about allegations she had an affair.

Arona Peniamina used the defence that could be scrapped and was charged for manslaughter instead of murder.

The review also proposed the defence of provocation to assault should be amended so it does not apply to domestic violence offenders, where defendants argue victims “contribute to their own victimisation”.

Women’s Legal Service Queensland CEO Nadia Bromley said repealing the defence just “made sense”.

“It’s easy to drift from where the law came from, which was pub fights. The genesis of that doesn’t work for domestic violence,” Ms Bromley said.

“It’s not about the heat of the moment, it’s about self-preservation.”

The review was one of the recommendations of the Women’s Safety and Justice Taskforce in 2021, and recommended multiple particular criminal defences be examined.

Its research found most stakeholders thought the provocation murder defence no longer aligned with what the community expected.

“Most participants did not think a loss of control in response to provocation should reduce culpability where the defendant’s conduct was motivated by anger, jealousy, or a desire for control, particularly in cases involving DFV,” the report said.

“When responding to a scenario where a male defendant killed their female intimate partner because he thought she was having an affair, 83.6 per cent of respondents thought the defendant should be found guilty of murder and 15.1 per cent said he should be guilty of manslaughter.

“Less than 1 per cent said he should be found not guilty.”

Other reform proposals include reducing the complexity of self-defence legislation, and expanding self-defence access to victim-survivors of domestic and family violence.

The review has also questioned at the mandatory penalty of life imprisonment for murder, and seeks feedback on whether it should be reformed.

The proposed reform will be open to public discussion and consultation until April this year.

The QLRC will then publish its final report with recommendations in December.

Originally published as Shock DV murder defence could be scrapped in massive shake-up