Abstract
This paper considers the homosexual advance defence in light of the High Court's recent decision in Lindsay. Here the Court found that the defence of provocation ought to have been left to the jury. The article suggests that statutory reform in this area is towards minimising the potential use of provocation in circumstances of a non-violent homosexual advance. In this light, a High Court decision apparently leaving open its use in this context is of concern.
| Original language | English |
|---|---|
| Pages (from-to) | 91-118 |
| Number of pages | 28 |
| Journal | University of Western Australia Law Review |
| Volume | 41 |
| Issue number | 1 |
| Publication status | Published - 2016 |
| Externally published | Yes |